End User License Agreement

END USER LICENSE AGREEMENT FOR ONSIGHT CONNECT SOFTWARE AND ONSIGHT HARDWARE (RUGGED SMART CAMERAS AND COLLABORATION HUB)*

* NOTE TO LICENSEES – THE MOST RECENT VERSION OF THIS AGREEMENT MAY BE FOUND ON LIBRESTREAM’S WEBSITE – SEE http://www.librestream.com/products/termsofuse.html

 

IMPORTANT – PLEASE READ THIS AGREEMENT CAREFULLY.

 

LIBRESTREAM IS WILLING TO LICENSE THE SOFTWARE TO LICENSEES AND ALLOW LICENSEES TO USE THE SOFTWARE AS CONTEMPLATED HEREIN ONLY UPON THE CONDITION THAT EACH LICENSEE ACCEPTS AND AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT THAT APPLY TO THAT LICENSEE’S USE OF THE SOFTWARE.

 

FOR ALL INTENTS AND PURPOSES, EACH PERSON WHO DOWNLOADS, INSTALLS, OR USES ANY SOFTWARE, OR USES ANY LIBRESTREAM PRODUCT, IS DEEMED TO BE A LICENSEE, WITH SUCH DOWNLOADING, INSTALLATION AND/OR USE CONSTITUTING IMMEDIATE AND AUTOMATIC ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, WHICH WILL BE BINDING ON, AND ENFORCEABLE AGAINST, THAT LICENSEE. 

 

IF ANY POTENTIAL LICENSEE DOES NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, THEN LIBRESTREAM IS NOT WILLING TO LICENSE ANY OF THE SOFTWARE TO THAT LICENSEE OR TO ALLOW THAT LICENSEE TO USE ANY OF THE SOFTWARE OR ANY LIBRESTREAM PRODUCT.  IN SUCH A CASE:

 

(a)  DO NOT DOWNLOAD, INSTALL OR USE ANY SOFTWARE

 

(b)  IF YOU HAVE ALREADY ACQUIRED THE SOFTWARE, RETURN THE SOFTWARE FOR A FULL REFUND OR, IF THE SOFTWARE IS SUPPLIED AS PART OF A LIBRESTREAM PRODUCT, RETURN THAT LIBRESTREAM PRODUCT FOR A FULL REFUND, AND

 

(c)  IF YOU HAVE ALREADY INSTALLED THE SOFTWARE ON A COMPUTING DEVICE, DELETE THE SOFTWARE FROM THAT COMPUTING DEVICE.

  1. DEFINITIONS.

1.1 “Agreement” means this End User License Agreement, including any Schedule attached hereto.

1.2 “Computing Device” means any electronic and/or computing device that is capable of running the Librestream Software, including a Librestream Product.

1.3 “Confidential Information” means (a) the Software and any portions, components or sub-files thereof; (b) the structure, sequence, internal design and organization of the Software and the concepts, methods of operations and ideas disclosed therein, together with all associated interface information; (c) any trade secrets relating to the Software and/or any Librestream Product; (d) any tangible items marked “confidential” or with a similar designation by Librestream or any of its distributors or other representatives or by any Third Party Licensor, and/or any information disclosed visually or verbally and identified by Librestream or any such distributor or other representative as confidential at the time of disclosure; and (e) the terms and conditions of this Agreement.

1.4 “Device Subscription” means a Subscription License that is assigned to a specific Computing Device or to a specific instance of a running virtual machine.

 

1.5 “External Guest User Account” means a User Account that is neither a Group User Account nor an Individual User Account and that is intended for use by a variety of individuals not directly employed by Licensee on a short-term, temporary basis. Only available with an Master License.

1.6 “Group User Account” means a User Account that has been assigned to a specific group of individuals to share among themselves. Group User Accounts are only applicable for use with Onsight rugged smart cameras and not with any other Computing Device.

1.7 “Individual User Account” means a User Account that has been assigned to a specific individual.

1.8 “Intellectual Property” means any patents, patent rights, trademarks, service marks, registered designs, topography and semiconductor mask work rights, applications for any of the foregoing, copyrights, know-how, unregistered design rights, trade secrets and any other similar protected rights in any country.

1.9 “Librestream” means Librestream Technologies Inc.

1.10 “Librestream Product” means any product developed by or for Librestream that incorporates any of the Software in any manner whatsoever.

 

1.11 “Librestream Software” means any software that is proprietary to Librestream and that is not Third Party Software, and includes in particular the Librestream software identified in Schedule A hereto.

 

1.12 “Licensee” means, collectively, each and every person who downloads any of the Software, who installs any of the Software and/or who uses any of the Software and/or any Computing Device on which any of the Software has been installed or has otherwise been incorporated.

 

1.13 “Master License” means a license comprising numerous Individual User Accounts and External Guest User Accounts.

 

1.14 “party” means each of Licensee and Librestream, and “parties” means both Licensee and Librestream.

 

1.15 “person” includes an individual, a sole proprietor, a partnership, a corporation, a trust, a syndicate, a joint venture and any other business or legal entity of any nature or kind whatsoever.

 

1.16 “Purchase Order” means the purchase order or other documentary evidence of any nature or kind whatsoever that is related to this Agreement and that was submitted to and accepted in writing by Librestream.

 

1.17 “Software” means, collectively, the Librestream Software and the Third Party Software, and includes:

(a)   all of the contents of the files, disk(s), CD-ROM(s) or other media or downloads of any of the Software which are installed on any Computing Device (including firmware), or which are otherwise made available online by Librestream or any Third Party Licensor including:

(i)  all Librestream or Third Party Licensor computer information or software; and

(ii)  any and all related instructional or supplementary documentation in human or machine readable form supplied or otherwise made available by Librestream or any Third Party Licensor; and

(b)   all Upgrades in respect of which Licensee has paid the applicable license, subscription, maintenance and/or support fee(s).

 

1.18 “Subscription Licensing” or “Subscription License” means a license that is granted by Librestream pursuant to this Agreement to use the Software for a specified period of time, subject to termination in accordance with the provisions of Section 10.

 

1.19 “Third Party Licensors” means, collectively, those third parties who are the respective owners of the Third Party Software, and “Third Party Licensor” means any such third party.

 

1.20 “Third Party Software” means the software of a person other than Librestream that is embedded with the Librestream Software or that is otherwise provided to a Licensee by Librestream along with the Librestream Software.

 

1.21 “Third Party Software License Agreement” means a license agreement for a particular Third Party Software product, in the form attached to this End User License Agreement as a Schedule or in the form expressly referenced in any such Schedule.

 

1.22 “use” or “using” includes downloading, installing or copying any of the Software, running any of the Software, or otherwise benefiting from the functionality of any of the Software and/or any Computing Device on which any of the Software has been installed or has otherwise been incorporated.

 

1.23 “User Account” means an account required for any individual or group of individuals who wish to use a Subscription License.

 

1.24 “Upgrades” means all upgrades, modified versions, updates, additions and copies of any Software (including related documentation) which are provided, installed or made available online or otherwise by Librestream or any Third Party Licensor.

 

  1. LIMITED LICENSE.

2.1 Subject to Licensee’s strict compliance with the terms and conditions of this Agreement, Librestream hereby grants to Licensee, during the term of this Agreement, a worldwide, non-transferable, non-exclusive, revocable, royalty-free limited license to use the Software for Licensee’s internal business purposes on Computing Devices owned or under the control of Licensee and for no other purpose whatsoever. For greater certainty:

(a) some of the Third Party Software is licensed to Licensee in accordance with the provisions of the Third Party Software License Agreement applicable thereto, which Licensee acknowledges reading and agrees is binding on Licensee;

(b) all of the Librestream Software and all Third Party Software that is not subject to a Third Party Software License Agreement is licensed to Licensee in accordance with the terms and conditions of this End User License Agreement; and

(c) any default or non-compliance on the part of Licensee or those for whom it is responsible in law with the terms and conditions of this End User License Agreement or with the provisions of any Third Party Software License Agreement shall constitute default and non-compliance by Licensee with this End User License Agreement and all Third Party Software License Agreements.

2.2 A Licensee may not:

(a) use the Software on any Computing Device for which that Licensee does not have a valid license key/release key for which Licensee has paid to Librestream the required license fee; or

(b)  use, or allow the use of, the Software on an Individual User Account Subscription Licensing basis on more than four Computing Devices running concurrently for any particular Individual User Account, it being acknowledged and agreed by Licensee that the Software will not run for an individual on a Computing Device, on an Individual User Account Subscription Licensing basis, unless and until the individual to whom an Individual User Account has been issued or assigned has successfully logged in to his/her User Account.

(c)   use, or allow the use of, the Software on a Group User Account Subscription Licensing basis on more than one Computing Device for any particular Group User Account, it being acknowledged and agreed by Licensee that the Software will not run for an individual on a Computing Device, on a Group User Account Subscription Licensing basis, unless and until an individual to whom a Group User Account has been issued or assigned has successfully logged in to that Group User Account.

2.3 Any use of the Software which is not expressly authorized by this Agreement is strictly prohibited. Without limiting the generality of the foregoing and notwithstanding any other provision of this Agreement, in no event may Licensee do any of the following or permit any third party to do any of the following:

(a) transfer, assign or sublicense any of its license rights to any other person, or use the Software or any portion thereof on any electronic device other than a Computing Device (as that term is defined herein) – any such transfer, assignment, sublicense or use shall be null and void; or

(b) distribute, license, sublicense, rent, lease or sell the Software or any portion thereof as a standalone product – any such distribution, license, sublicense, rent, lease or sale shall be null and void; or

(c) circumvent in any manner whatsoever the activation process that needs to be followed in order to use the Software as authorized by this Agreement; or

(d) make error corrections to or otherwise modify or adapt the Software or any portion thereof; or

(e) reverse engineer, decrypt, disassemble or decompile the Software or any portion thereof, or otherwise reduce the Software of any portion thereof to human-readable form, except to the extent otherwise expressly permitted under applicable law notwithstanding this prohibition; or

(f) create any derivative works based upon the Software or any portion thereof or take any actions that would cause the Software or any portion thereof to become subject to the GPL, the LGPL or any other open source license (unless that portion is already expressly subject to the GPL, the LGPL or any other open source license, as expressly noted in any Third Party Software License Agreement); or

(g) use the Software or any portion thereof to perform services for third parties, whether on a service bureau or time sharing basis or otherwise, without the prior express written consent of Librestream; or

(h) use any Software or permit any Software to be used unless and until Licensee has paid to Librestream, or to any Librestream distributor or other representative, the license, subscription, maintenance, support and/or other fee payable for such use.

2.4 The Software is licensed, not sold, and is protected by the copyright laws of Canada and other countries and by international treaty provisions. All right, title and interest in and to the Software and any copies thereof, regardless of form or media, shall remain solely with Librestream or the Third Party Licensors, as the case may be. Except as expressly provided herein, this Agreement does not grant Licensee any rights under any of Librestream’s or any Third Party Licensor’s patents, copyrights, trade secrets, trademarks or other Intellectual Property rights. Librestream and each Third Party Licensor retain all rights not explicitly granted herein.

2.5 Licensees may make such limited copies of the Software as are strictly necessary for backup purposes only, provided that Licensee (i) does not copy the Software onto any public or distributed network and (ii) will not remove, obscure or destroy, and will reproduce on all copies of the Software so made, any Librestream and any Third Party Licensor names, logos, copyright or other notices, trademarks and other proprietary markings which appear on the Software.

2.6 Device Subscriptions are only valid for the period of time for which a Licensee has paid the applicable license, subscription or other fee directly to Librestream or to a Librestream distributor or other representative, and are only valid for the specific Computing Device on which the Software that is the subject of that Device Subscription is licensed to be used. Once such period of time expires with no further payment then Licensee must immediately cease using the Software.

2.7 User Accounts are only valid for the period of time for which a Licensee has paid the applicable license, subscription or other fee directly to Librestream or to a Librestream distributor or other representative. Once such period of time expires with no further payment then that User Account will become invalid and Licensee will no longer be able to use the Software via that User Account.

2.8 An Individual User Account and the username and password for that User Account are personal to the individual to whom that User Account is assigned, and are not to be shared with any other person under any circumstances. Notwithstanding the foregoing, Licensee shall be responsible for any use of the Software licensed to Licensee pursuant to this Agreement, regardless of whether or not such use is authorized by this Agreement and/or by Licensee.

2.9 A Group User Account and the username and password for that User Account can be shared between individuals, but only one individual can use the Group User Account at a time, with such use being confined to a single Computing Device. Notwithstanding the foregoing, Licensee shall be responsible for any use of the Software licensed to Licensee pursuant to this Agreement, regardless of whether or not such use is authorized by this Agreement and/or by Licensee.

2.10 Any User Accounts that are not allocated as specific Individual User Accounts and Group User Accounts may be used as External Guest User Accounts. External Guest User Accounts may only be created by a Licensee who is using the Software on a Device Subscription basis. External Guest User Accounts may not be used by Licensee or any person directly employed by Licensee but may be assigned to other outside individuals such as suppliers, customers, subcontractors, or other individuals not directly employed by Licensee as part of the specific nature of Licensee’s business. Licensee shall be solely responsible for any use by Licensee or by any third party of the Software issued to Licensee by Librestream or any Librestream distributor or other representative, regardless of whether or not any such third party use was authorized by this Agreement, by Librestream and/or by Licensee.

2.11 Licensee may provide Librestream or any Librestream distributor or other representative with suggestions, comments or other feedback regarding Licensee’s evaluation or use of the Software, including but not limited to suggested performance improvements to the Software and/or any Librestream Product, code enhancements and/or error corrections (“Feedback”). Licensee agrees that any Feedback shall be voluntarily given and that any and all Feedback will immediately and automatically become the property of Librestream, and that Librestream shall be entitled to incorporate any Feedback into the Software and/or any Librestream Product without any compensation or other liability or obligation of any nature or kind whatsoever to Licensee.

  1. UPGRADES.

3.1 Notwithstanding any other provision of this Agreement:

(a) Licensee has no license or other right to use any Upgrade unless Licensee, at the time of acquiring that Upgrade, already holds a valid license to use the Software that is the subject of that Upgrade and has paid to Librestream the applicable license, subscription, maintenance and/or support fee to use that Upgrade; and

(b) Licensee shall not use any Upgrade in any manner that is different from its use of the Software that was the subject of that Upgrade, unless Licensee is otherwise validly licensed to use that Upgrade and complies with Section 3.1(a).

  1. AUDIT RIGHTS AND INDEMNITY.

4.1 Licensee shall, within thirty (30) days following Licensee’s receipt of written request from Librestream or any Librestream distributor or other representative, fully document and certify all uses of the Software that Licensee has made within the period of twelve (12) months prior to the date of receipt of such request. In addition, Licensee shall, upon reasonable advance written notice and during normal business hours, provide access and allow Librestream or any Librestream distributor or other representative to inspect Licensee’s books, records and computer systems in order to confirm Licensee’s compliance with this Agreement.

4.2 In the event that any such request response or audit determines that Licensee is or was using the Software in a manner that exceeds or exceeded its license rights, Licensee shall immediately pay to Librestream on demand any amount(s) that are required to rectify such excessive use. This remedy shall be in addition to, and not in lieu of, any other right or remedy that Librestream may have pursuant to this Agreement or otherwise with respect to such excessive use.

4.3 In the event that any such request response or audit determines that Licensee is otherwise not in compliance with this Agreement, this Agreement shall immediately terminate as contemplated in Section 10.1. Such termination shall be in addition to, and not in lieu of, any other right or remedy that Librestream may have pursuant to this Agreement or otherwise with respect to such non-compliance.

4.4 Licensee shall indemnify Librestream and save Librestream harmless from and against any and all losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees) that arise out of or are attributable in any manner whatsoever to any non-compliance on the part of Licensee or those for whom it is in law responsible with any provision of this Agreement.

  1. CONFIDENTIAL INFORMATION.

Licensee shall not disclose to any third party, or use for any purpose not expressly permitted herein, any Confidential Information. Licensee agrees to take all reasonable measures to protect the Confidential Information and to prevent unauthorized disclosure thereof, which measures shall be at least as stringent as those measures Licensee takes to protect its own confidential information of like kind and which shall in no event be less than would be taken by a prudent business person in similar circumstances. Notwithstanding the foregoing, all Confidential Information, any and all documents and other tangible material and/or objects containing or representing Confidential Information and any and all copies thereof shall be and always remain the property of Librestream or the Third Party Licensors, as the case may be.

  1. REPRESENTATIONS AND WARRANTIES.

6.1 Librestream warrants that the Librestream Software will perform in substantial conformance to the applicable Librestream published specifications for that Librestream Software for a period of 12 months from the date of shipment from Librestream or from the date of downloading by Licensee, whichever is earlier, provided that (a) the Librestream Software remains unmodified by anyone other than Librestream; (b) the Librestream Software is and has always been operated under normal and proper conditions on the Computing Device on which that Librestream Software is licensed to be used; (c) the Librestream Software has not been used in any manner for which it was not designed; (d) the Librestream Software has not been used with any unauthorized software, hardware or third party equipment; (e) Licensee is not in breach of this Agreement; and (f) notice of any claim under this limited warranty is received in writing by Librestream within the 12 month limited warranty period.

6.2 Licensee’s sole and exclusive remedy (at law, in equity or otherwise), and the sole and entire responsibility and liability of Librestream, with respect to any claim under the limited warranty set forth in Section 6.1, is for Librestream to use commercially reasonable efforts to bring the non-warranty-compliant Librestream Software into substantial conformance with its published specifications as quickly as reasonably possible under the circumstances.

6.3 NO REPRESENTATION OR WARRANTY OF ANY NATURE OR KIND WHATSOEVER IS PROVIDED BY LIBRESTREAM REGARDING ANY THIRD PARTY SOFTWARE. IF AND TO THE EXTENT THAT ANY THIRD PARTY SOFTWARE LICENSE AGREEMENT IS ATTACHED TO THIS AGREEMENT AS A SCHEDULE OR IS EXPRESSLY REFERENCED IN ANY SCHEDULE TO THIS AGREEMENT, LICENSEES SHOULD CAREFULLY REVIEW ANY SUCH THIRD PARTY SOFTWARE LICENSE AGREEMENT TO DETERMINE WHETHER OR NOT ANY REPRESENTATION OR WARRANTY IS PROVIDED TO LICENSEE IN RESPECT OF THE THIRD PARTY SOFTWARE THAT IS THE SUBJECT OF SUCH THIRD PARTY SOFTWARE LICENSE AGREEMENT. OTHERWISE, ALL THIRD PARTY SOFTWARE IS PROVIDED “AS IS”, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY NATURE OR KIND WHATSOEVER.

6.4 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT ONLY TO THE LIMITED WARRANTIES IN SECTIONS 6.1 IN THE CASE OF THE LIBRESTREAM SOFTWARE AND TO ANY EXPRESS PROVISION TO THE CONTRARY IN ANY THIRD PARTY SOFTWARE LICENSE AGREEMENT (WHICH SUCH PROVISION SHALL BE CONFINED TO THE THIRD PARTY SOFTWARE AND THE THIRD PARTY LICENSOR THAT ARE THE SUBJECT OF THAT THIRD PARTY SOFTWARE LICENSE AGREEMENT), LIBRESTREAM AND THE THIRD PARTY LICENSORS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS AND THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR, NEITHER LIBRESTREAM NOR ANY THIRD PARTY LICENSOR REPRESENTS OR WARRANTS THAT THE FUNCTIONALITY OF THE SOFTWARE WILL SATISFY ANY OR ALL OF LICENSEE’S REQUIREMENTS, THAT THE SOFTWARE WILL WORK IN COMBINATION WITH ANY HARDWARE OR SOFTWARE PRODUCTS PROVIDED BY THIRD PARTIES, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED.  SOFTWARE UPGRADES, IF ANY, WILL BE PROVIDED AT THE SOLE DISCRETION OF LIBRESTREAM. LICENSEE ACKNOWLEDGES AND AGREES THAT SOFTWARE IN GENERAL IS NOT ERROR-FREE, AND THAT THE EXISTENCE OF MINOR ERRORS OR DEFECTS IN THE SOFTWARE DOES NOT MEAN THAT THE SOFTWARE DOES NOT PERFORM IN SUBSTANTIAL CONFORMANCE WITH ITS APPLICABLE PUBLISHED SPECIFICATIONS. NEITHER LIBRESTREAM NOR ANY THIRD PARTY LICENSOR SHALL BE RESPONSIBLE FOR THE RECONSTRUCTION OF ANY CORRUPTED OR LOST DATA FILES.

6.5 Librestream reserves the right to at any time provide a limited warranty for any Librestream Software that is different from the limited warranty set forth in Sections 6.1 and 6.2. The text of any such different limited warranty will be posted on Librestream’s website. Licensees should periodically visit Librestream’s website to determine if a different limited warranty is then being provided by Librestream.  In the event of any inconsistency between any such other limited warranty and the limited warranty set forth in Sections 6.1 and 6.2, the inconsistency shall be resolved in favor of such other limited warranty.

6.6 Librestream may also provide a separate limited warranty with respect to the hardware components of a Librestream Product.

  1. NO LIABILITY FOR INDIRECT DAMAGES.

REGARDLESS OF CIRCUMSTANCES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT UNDER THIS AGREEMENT OR IN TORT, INCLUDING NEGLIGENCE OR PRODUCTS LIABILITY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIBRESTREAM OR ANY THIRD PARTY LICENSOR HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSSES OR DAMAGES OF ANY NATURE OR KIND WHATSOEVER, ARISING OUT OF THIS AGREEMENT AND/OR LICENSEE’S USE OF, DELAY IN USING OR INABILITY TO USE THE SOFTWARE, ANY CONFIDENTIAL INFORMATION AND/OR ANY COMPUTING DEVICE, INCLUDING BUT NOT LIMITED TO LOST OR CORRUPTED DATA OF LICENSEE OR ANY THIRD PARTY, LOST PROFITS OR LOST GOODWILL, BUSINESS INTERRUPTION OR LOSS OF INFORMATION, FAILURE TO REALIZE SAVINGS, OR FOR ANY CLAIM OR DEMAND AGAINST LICENSEE BY ANY THIRD PARTY, EVEN IF LIBRESTREAM OR ANY THIRD PARTY LICENSOR MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR EVEN IF SUCH LOSSES OR DAMAGES WERE REASONABLY FORESEEABLE.

  1. LIMITED LIABILITY FOR DIRECT DAMAGES.

REGARDLESS OF CIRCUMSTANCES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT UNDER THIS AGREEMENT OR IN TORT, INCLUDING NEGLIGENCE OR PRODUCTS LIABILITY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CUMULATIVE LIABILITY OF LIBRESTREAM AND THE THIRD PARTY LICENSORS FOR LICENSEE’S DIRECT DAMAGES ARISING OUT OF OR RESULTING IN ANY MANNER WHATSOEVER FROM THIS AGREEMENT AND/OR LICENSEE’S USE OF, DELAY IN USING OR INABILITY TO USE THE SOFTWARE, ANY CONFIDENTIAL INFORMATION AND/OR ANY COMPUTING DEVICE, INCLUDING WITHOUT LIMITATION ANY UNCURED MATERIAL DEFAULT, BREACH OR FAILURE ON THE PART OF LIBRESTREAM OR ANY THIRD PARTY LICENSOR UNDER THIS AGREEMENT, SHALL IN NO EVENT EXCEED TEN DOLLARS ($10.00), IN CANADIAN CURRENCY.

  1. FUNDAMENTAL UNDERSTANDING REGARDING RISK ALLOCATION.

LICENSEE ACKNOWLEDGES AND AGREES THAT THE FEES PAYABLE BY LICENSEE PURSUANT TO THIS AGREEMENT OR ANY PURCHASE ORDER HAVE BEEN DETERMINED BY LIBRESTREAM BASED UPON A SPECIFIC RISK ALLOCATION BETWEEN LIBRESTREAM AND THE THIRD PARTY LICENSORS, ON THE ONE HAND, AND LICENSEE, ON THE OTHER HAND, AND THAT LIBRESTREAM WOULD NOT HAVE ACCEPTED ANY PURCHASE ORDER THAT RELATES TO LICENSEE AND WOULD NOT HAVE LICENSED THE SOFTWARE TO LICENSEE PURSUANT TO THIS AGREEMENT IN THE ABSENCE OF SECTIONS 6, 7 AND 8. LICENSEE FURTHER ACKNOWLEDGES AND AGREES THAT THESE SECTIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN JURISDICTIONS THAT PROHIBIT EXCLUSION OF LIABILITY OR LIMITATION OF IMPLIED WARRANTIES, SECTIONS 6, 7 AND 8 MAY BE LIMITED IN THEIR APPLICATION TO LICENSEE AND, DEPENDING ON LOCAL LAW, LICENSEE MAY HAVE OTHER SPECIFIC LEGAL RIGHTS.

  1. TERM AND TERMINATION.

10.1 The licenses granted pursuant to this Agreement for use of the Software on a Subscription Licensing basis are time limited, as described in Section 2.7 or Section 2.8, as the case may be. Licensee may terminate the licenses and this Agreement upon 90 days’ written notice to Librestream solely in the event of a failure by Librestream to meet its obligations as detailed in the End User License Agreement. Without prejudice to any other right or remedy which may be available to Librestream, the licenses and this Agreement shall immediately terminate without the necessity of any notice from Librestream in the event that Licensee:

(a) fails to comply with any provision of this Agreement; or

(b) makes any voluntary arrangement with its creditors for the general settlement of its debts or becomes subject to the supervision of a bankruptcy tribunal; or

(c) has an order made against it, or passes a resolution, for its winding-up, or has a lien holder take possession of, or has a receiver or similar officer appointed over, all or substantially all of its property or assets.

10.2 Upon termination of this Agreement for any reason, Licensee agrees to immediately cease use of, and to return or destroy, at Librestream’s sole option, the Software and any other Confidential Information in Licensee’s possession, custody or control, together with all copies, including but not limited to deletion of the foregoing from any Computing Device on which the Software or any portion thereof may have been installed, and to certify such return or destruction in writing. Licensee also agrees that, if its license related to use of the Software on a Subscription Licensing basis, Librestream may immediately terminate all User Accounts that relate to Licensee, thereby denying Licensee and all of the individuals to whom Licensee has assigned a User Account any further access to and use of the Software.

10.3 Notwithstanding anything to the contrary contained herein, the bold faced and capitalized wording at the beginning of this Agreement and Sections 2.1(c), 2.2(a), 2.3, 2.4, 2.6, 2.7, 2.8, 2.9, 2.10, 2.11, 4, 5, 6, 7, 8, 9, 10.2, 11, 12 and 13 (and the relevant definitions in Section 1) shall survive any termination of this Agreement for any reason whatsoever.

  1. EXPORT.

Some of the Software and Confidential Information is subject to United States export control laws and regulations, and some or all of the Software may be subject to export or import regulations in other countries as well. Licensee agrees that it will not export, re-export, transfer or import any of the Software, any of the Confidential Information or any Librestream Product in violation of any applicable laws or regulations of the United States or any other country. Licensee is responsible for obtaining any licenses or authorizations required to export, re-export, transfer or import all or any portion of the Software and Confidential Information or any Librestream Product.

  1. ADDITIONAL TERMS AND CONDITIONS

Additional terms and conditions which form an integral part of this agreement, specific to the type of Computing Device on which the Software is downloaded, installed and/or used, are included in Schedule C.

  1. GOVERNMENT DEPARTMENTS.

In the event that Licensee is a governmental entity, only the department(s) or agency(s) specifically licensed in the Purchase Order to use the Software shall have the right to use the Software. Governmental departments or agencies not so specifically licensed must have a separate license and must pay additional license fees.

  1. GENERAL PROVISIONS.

14.1 Licensee shall not assign or otherwise transfer this Agreement or any of its rights and/or obligations hereunder, whether in whole or in part, including by operation of law, without the prior express written consent of Librestream.

14.2 Licensee hereby acknowledges that its breach of this Agreement may cause irreparable harm and significant injury to Librestream and/or one or more of the Third Party Licensors in an amount that may be difficult to ascertain and for which a remedy at law may be inadequate. Accordingly, Licensee agrees that, in addition to any other rights and remedies it may have, Librestream shall have the right to seek injunctive relief in any court of competent jurisdiction to enforce Licensee’s obligations under this Agreement.

14.3 This Agreement shall be construed and governed by the laws in force in the province of Manitoba, excluding its conflict of laws rules. The parties consent to the jurisdiction of all the courts in Manitoba, and agree that, except for requests for injunctive relief pursuant to Section 13.2, venue shall lie exclusively in Manitoba. THE PARTIES EXCLUDE IN ITS ENTIRETY THE APPLICATION TO THIS AGREEMENT OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS.

14.4 When any notice is required or authorized hereunder, such notice shall be given in writing by recognized delivery service or personal delivery addressed to the other party. Notices shall be sent to Licensee at the address set forth in the Purchase Order and to Librestream at Suite 110, 895 Waverley Street, Winnipeg, Manitoba, Canada R3T 5P4. Either party may change its address for notice hereunder by providing the other party with ten (10) days written notice thereof. Notices shall be effective upon receipt by the recipient.

14.5 The original of this Agreement has been written in the English language, and the governing language of this Agreement shall be English. Licensee hereby waives and agrees not to assert any right to have this Agreement written in the language of Licensee’s place of residence or that of any individual to whom Licensee has assigned a User Account.

14.6 A waiver of any default hereunder or of any of the terms or conditions of this Agreement shall not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition, but shall apply solely to the instance to which such waiver is directed. The exercise of any right or remedy provided in this Agreement shall be without prejudice to the right to exercise any other right or remedy provided at law or in equity.

14.7 In the event any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired, and a valid, legal and enforceable provision of similar intent and effect shall be substituted for such invalid, illegal or unenforceable provision.

14.8 This Agreement constitutes the entire agreement between the parties with respect to the license of the Software and the other subject matter of this Agreement, and supersedes and terminates all other prior and/or contemporaneous verbal and/or written agreements and understandings with respect thereto. No modifications to this Agreement shall be enforceable except when in writing and signed by an authorized signatory of the party to be bound thereby. Without limiting the generality of the foregoing, the terms and conditions of any purchase order or other document submitted by Licensee to Librestream or to any Librestream distributor or other representative shall not be binding on Librestream unless definitively accepted in writing by Librestream.

14.9 Licensee represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.

14.10 THIS AGREEMENT SHALL IMMEDIATELY AND AUTOMATICALLY BE EFFECTIVE AND ENFORCEABLE UPON ANY DOWNLOADING OF ANY OF THE SOFTWARE, ANY INSTALLATION OF ANY OF THE SOFTWARE ON ANY COMPUTING DEVICE, OR ANY USE OF ANY OF THE SOFTWARE (INCLUDING, FOR GREATER CERTAINTY, RUNNING ANY OF THE SOFTWARE IN ANY VIRTUAL ENVIRONMENT) OR ANY LIBRESTREAM PRODUCT. It shall not be a requirement to the effectiveness and enforceability of this Agreement that any Licensee or Librestream execute this Agreement.

 

 

 

 

SCHEDULE A – LIBRESTREAM SOFTWARE AND LIBRESTREAM NOTICES

Some or all of the following apply, depending on the Librestream product in use:

Name of Librestream Software, any or all of the following: Onsight Management Suite, Onsight Connect for iOS, Onsight Connect for Librestream Devices, Onsight Connect for Windows, Onsight Connect for Android

Copyright Notice: Copyright 2007–2017 Librestream Technologies Incorporated. All Rights Reserved.

Patents Notice: United States Patent # 7,221,386 together with additional patents pending in Canada, the United States and other countries, all of which are in the name of Librestream Technologies Inc.

Trademark Notice: Librestream, the Librestream logo, Onsight, Onsight Expert, Onsight Mobile, Onsight Connect, Onsight Embedded, Onsight Enterprise, Onsight Account Manager, Onsight Platform Manager, Onsight Teamlink, and Onsight Management Suite are either registered trademarks or trademarks of Librestream Technologies Incorporated in Canada, the United States and/or other countries.  All other trademarks are the property of their respective owners.

 

SCHEDULE B – THIRD PARTY SOFTWARE AND THIRD PARTY LICENSOR NOTICES

Some or all of the following apply, depending on the Librestream product in use:

 

  1. Third Party Software – LIVE MEDIA

Third Party Licensor – Live Networks, Inc.

Live Networks Inc.:

Copyright © 1996-2005, Live Networks, Inc.  All rights reserved

 

This library is free software; you can redistribute it and/or modify it under the terms of the GNU Lesser General Public License as published by the Free Software Foundation; either version 2.1 of the License, or (at your option) any later version. (See <http://www.gnu.org/copyleft/lesser.html>.)

This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU Lesser General Public License for more details.

 

  1. Third Party Software – MPEG-4 Visual Patent Portfolio

Third Party Licensor – MPEG LA, L.L.C.

Notices:

THIS PRODUCT IS LICENSED UNDER THE MPEG-4 VISUAL PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER FOR (i) ENCODING VIDEO IN COMPLIANCE WITH THE MPEG-4 VISUAL STANDARD (“MPEG-4 VIDEO”) AND/OR (ii) DECODING MPEG-4 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED BY MPEG LA TO PROVIDE MPEG-4 VIDEO.  NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE.  ADDITIONAL INFORMATION INCLUDING THAT RELATING TO PROMOTIONAL, INTERNAL AND COMMERCIAL USES AND LICENSING MAY BE OBTAINED FROM MPEG LA, LLC.  SEE HTTP://WWW.MPEGLA.COM.

 

  1. Third Party Software – AVC Patent Portfolio

Third Party Licensor – MPEG LA, L.L.C.

Notices:

THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL USE OF A CONSUMER OR OTHER USES IN WHICH IT DOES NOT RECEIVE REMUNERATION TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM.

 

  1. Third Party Software – OpenTK

Third Party Licensor – The Open Toolkit Library

 

Copyright © 2006 – 2009 The Open Toolkit library.

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

 

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

 

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

 

The Open Toolkit library includes portions of the Mono class library, which are covered by the following license:

Copyright © 2004 Novell, Inc.

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

 

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

 

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

 

Half-to-Single and Single-to-Half conversions are covered by the following license:

Copyright © 2002, Industrial Light & Magic, a division of Lucas Digital Ltd. LLC. All rights reserved.

 

See Note 1.

 

Neither the name of Industrial Light & Magic nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

 

  1. Meeting Services Powered by Cisco WebEx Technology.

 

  1. Third Party Software – Discovery Icon Theme

Third Party Licensor – Hylke Bons

 

Several of the icons and images are from the Discovery Icon Theme, Copyright © 2008-2010 Hylke Bons, which can be found at:

 

http://hbons.deviantart.com/art/Discovery-Icon-Theme-77399781/

 

This software is licensed under the Creative Commons Attribution-ShareAlike 3.0 Unported license, which can be found at:

 

http://creativecommons.org/licenses/by-sa/3.0/

 

  1. Third Party Software – FatCow Hosting Icons

Third Party Licensor – FatCow Web Hosting

 

Several of the icons and images are from FatCow Hosting Icons, Copyright © 2009-2010 FatCow Web Hosting, which can be found at:

 

http://www.fatcow.com/free-icons/

 

This software is licensed under the Creative Commons Attribution 3.0 United States license, which can be found at:

 

http://creativecommons.org/licenses/by/3.0/us/

 

  1. Third Party Software – VisualPharm Must Have Icons

Third Party Licensor – VisualPharm

 

Several of the icons and images are from VisualPharm Must Have Icons, Copyright © 2002-2010 VisualPharm, which can be found at:

 

http://www.visualpharm.com/must_have_icon_set/

 

This software is licensed under the Creative Commons Attribution-NoDerivs 3.0 Unported license, which can be found at:

 

http://creativecommons.org/licenses/by-nd/3.0/

 

  1. Third Party Software – Aha-Soft Icons and Images

Third Party Licensor – Aha-Soft

 

Several of the icons and images are from the Aha-Soft free icon sets, Copyright © 2005-2010 Aha-Soft, which can be found at:

 

http://www.small-icons.com/packs/16×16-free-application-icons.htm

http://www.small-icons.com/packs/24×24-free-application-icons.htm

 

This software is licensed under the Creative Commons Attribution-ShareAlike 3.0 Unported license, which can be found at:

 

http://creativecommons.org/licenses/by-sa/3.0/

 

  1. Third Party Software – Fugue Icons

Third Party Licensor – Yusuke Kamiyamane

 

Several of the icons and images are from the Fugue icon set, Copyright © 2010 Yusuke Kamiyamane, which can be found at:

 

http://p.yusukekamiyamane.com/

 

This software is licensed under the Creative Commons Attribution 3.0 Unported license, which can be found at:

 

http://creativecommons.org/licenses/by/3.0/

 

  1. Third Party Software – WebRTC

Third Party Licensor – Google Inc.

 

Copyright © 2011, Google Inc. All rights reserved.

 

See Note 1.

 

Neither the name of Google nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

 

  1. Third Party Software – OpenSSL

Third Party Licensor – The OpenSSL Project

 

Copyright © 1998-2008 The OpenSSL Project.  All rights reserved.

This product includes software developed by the OpenSSL Project for

use in the OpenSSL Toolkit (http://www.openssl.org/).

 

/* ====================================================================

* Copyright © 1998-2008 The OpenSSL Project.  All rights reserved.

*

* Redistribution and use in source and binary forms, with or without

* modification, are permitted provided that the following conditions

* are met:

*

* 1. Redistributions of source code must retain the above copyright

*    notice, this list of conditions and the following disclaimer.

*

* 2. Redistributions in binary form must reproduce the above copyright

*    notice, this list of conditions and the following disclaimer in

*    the documentation and/or other materials provided with the

*    distribution.

*

* 3. All advertising materials mentioning features or use of this

*    software must display the following acknowledgment:

*    “This product includes software developed by the OpenSSL Project

*    for use in the OpenSSL Toolkit. (http://www.openssl.org/)”

*

* 4. The names “OpenSSL Toolkit” and “OpenSSL Project” must not be used to

*    endorse or promote products derived from this software without

*    prior written permission. For written permission, please contact

*    openssl-core@openssl.org.

*

* 5. Products derived from this software may not be called “OpenSSL”

*    nor may “OpenSSL” appear in their names without prior written

*    permission of the OpenSSL Project.

*

* 6. Redistributions of any form whatsoever must retain the following

*    acknowledgment:

*    “This product includes software developed by the OpenSSL Project

*    for use in the OpenSSL Toolkit (http://www.openssl.org/)”

*

* THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT “AS IS” AND ANY

* EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE

* IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR

* PURPOSE ARE DISCLAIMED.  IN NO EVENT SHALL THE OpenSSL PROJECT OR

* ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,

* SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT

* NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;

* LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)

* HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,

* STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)

* ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED

* OF THE POSSIBILITY OF SUCH DAMAGE.

* ====================================================================

*

* This product includes cryptographic software written by Eric Young

* (eay@cryptsoft.com).  This product includes software written by Tim

* Hudson (tjh@cryptsoft.com).

*

*/

 

  1. Third Party Software – SSLeay

Third Party Licensor – Eric Young

 

Copyright © 1995-1998 Eric Young (eay@cryptsoft.com).  All rights reserved.

This product includes software written by Tim Hudson (tjh@cryptsoft.com).

 

/* Copyright © 1995-1998 Eric Young (eay@cryptsoft.com)

* All rights reserved.

*

* This package is an SSL implementation written

* by Eric Young (eay@cryptsoft.com).

*

* Redistribution and use in source and binary forms, with or without

* modification, are permitted provided that the following conditions

* are met:

* 1. Redistributions of source code must retain the copyright

*    notice, this list of conditions and the following disclaimer.

* 2. Redistributions in binary form must reproduce the above copyright

*    notice, this list of conditions and the following disclaimer in the

*    documentation and/or other materials provided with the distribution.

* 3. All advertising materials mentioning features or use of this software

*    must display the following acknowledgement:

*    “This product includes cryptographic software written by

*     Eric Young (eay@cryptsoft.com)”

*    The word ‘cryptographic’ can be left out if the routines from the library

*    being used are not cryptographic related :-).

* 4. If you include any Windows specific code (or a derivative thereof) from

*    the apps directory (application code) you must include an acknowledgement:

*    “This product includes software written by Tim Hudson (tjh@cryptsoft.com)”

*

* THIS SOFTWARE IS PROVIDED BY ERIC YOUNG “AS IS” AND

* ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE

* IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE

* ARE DISCLAIMED.  IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE

* FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL

* DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS

* OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)

* HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT

* LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY

* OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF

* SUCH DAMAGE.

** The licence and distribution terms for any publically available version or* derivative of this code cannot be changed.  i.e. this code cannot simply be* copied and put under another distribution licence* [including the GNU Public Licence.]

*/

 

  1. Third Party Software – Vera Font

Third Party Licensor – Bitstream Inc.

 

Copyright (c) 2003 by Bitstream, Inc. All Rights Reserved. Bitstream Vera is a trademark of Bitstream, Inc.

 

Permission is hereby granted, free of charge, to any person obtaining a copy of the fonts accompanying this license (“Fonts”) and associated documentation files (the “Font Software”), to reproduce and distribute the Font Software, including without limitation the rights to use, copy, merge, publish, distribute, and/or sell copies of the Font Software, and to permit persons to whom the Font Software is furnished to do so, subject to the following conditions:

 

The above copyright and trademark notices and this permission notice shall be included in all copies of one or more of the Font Software typefaces.

 

The Font Software may be modified, altered, or added to, and in particular the designs of glyphs or characters in the Fonts may be modified and additional glyphs or characters may be added to the Fonts, only if the fonts are renamed to names not containing either the words “Bitstream” or the word “Vera”.

 

This License becomes null and void to the extent applicable to Fonts or Font Software that has been modified and is distributed under the “Bitstream Vera” names.

 

The Font Software may be sold as part of a larger software package but no copy of one or more of the Font Software typefaces may be sold by itself.

 

THE FONT SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL BITSTREAM OR THE GNOME FOUNDATION BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF THE USE OR  INABILITY TO USE THE FONT SOFTWARE OR FROM OTHER DEALINGS IN THE FONT SOFTWARE.

 

Except as contained in this notice, the names of Gnome, the Gnome Foundation, and Bitstream Inc., shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Font Software without prior written authorization from the Gnome Foundation or Bitstream Inc., respectively. For further information, contact: fonts at gnome dot org.

 

  1. Third Party Software – Arev Font

Third Party Licensor – Tavmjong Bah

 

Copyright (c) 2006 by Tavmjong Bah. All Rights Reserved.

 

Permission is hereby granted, free of charge, to any person obtaining a copy of the fonts accompanying this license (“Fonts”) and associated documentation files (the “Font Software”), to reproduce and distribute the modifications to the Bitstream Vera Font Software, including without limitation the rights to use, copy, merge, publish, distribute, and/or sell copies of the Font Software, and to permit persons to whom the Font Software is furnished to do so, subject to the following conditions:

The above copyright and trademark notices and this permission notice shall be included in all copies of one or more of the Font Software typefaces.

The Font Software may be modified, altered, or added to, and in particular the designs of glyphs or characters in the Fonts may be modified and additional glyphs or characters may be added to the Fonts, only if the fonts are renamed to names not containing either the words “Tavmjong Bah” or the word “Arev”.

This License becomes null and void to the extent applicable to Fonts or Font Software that has been modified and is distributed under the “Tavmjong Bah Arev” names.

The Font Software may be sold as part of a larger software package but no copy of one or more of the Font Software typefaces may be sold by itself.

THE FONT SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL TAVMJONG BAH BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM OTHER DEALINGS IN THE FONT SOFTWARE.

Except as contained in this notice, the name of Tavmjong Bah shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Font Software without prior written authorization from Tavmjong Bah. For further information, contact: tavmjong @ free . fr.

 

  1. Third Party Software – NAudio

Third Party Licensor – Mark Heath

 

Copyright 2001-2014 Mark Heath

 

 

  1. Third Party Software – DAS BOOT

Third Party Licensor – U-Boot

 

#

# © Copyright 2000 – 2004

# Wolfgang Denk, DENX Software Engineering, wd@denx.de.

#

# This program is free software; you can redistribute it and/or

# modify it under the terms of the GNU General Public License as

# published by the Free Software Foundation; either version 2 of

# the License, or (at your option) any later version.

#

# This program is distributed in the hope that it will be useful,

# but WITHOUT ANY WARRANTY; without even the implied warranty of

# MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.     See the

# GNU General Public License for more details.

#

 

  1. Third Party Software – Alchemy AU1200 BSP

Third Party Licensor – Raza Microelectronics, Inc.

 

Copyright © Raza Microelectronics Inc.  All rights reserved.  Alchemy and Au1200 are trademarks of Raza Microelectronics Inc.

 

The following notice is required regarding the MPEG-4 MAE enabled codec:

 

This software module was originally developed by Microsoft Corporation and also edited by multiple parties in the course of development of the MPEG-4 Video (ISO/IEC 14496-2). This software module is an implementation of a part of one or more MPEG-4 Video tools as specified by MPEG-4 Video. ISO/IEC gives users of MPEG-4 Video free license to this software module or modifications thereof for use in hardware or software products claiming conformance to the MPEG-4 Video. Those intending to use this software module in hardware or software products are advised that its use may infringe existing patents. The current developer of this software module and his/her company, the subsequent editors and their companies, and ISO/IEC, have no liability for use of this software module or modifications thereof in an implementation. Copyright is not released for non MPEG-4 Video conforming products. Microsoft Corporation and the other originators of this software retain full right to use the code for their own purpose, assign or donate the code to a third party and to inhibit third parties from using the code for non ISO/IEC 14496 conforming products. This copyright notice must be included in all copies or derivative works.

 

  1. Third Party Software – wpa supplicant

Third Party Licensor – Jouni Malinen and contributors

 

Copyright © 2002-2007, Jouni Malinen <j@w1.fi> and contributors. All Rights Reserved.

 

This software is distributed, used, and modified under the terms of BSD license:

 

See Note 1.

 

  1. Third Party Software – wcecompat

Third Party Licensor – Essemer Pty Ltd.

 

/*  wcecompat: Windows CE C Runtime Library “compatibility” library.

*

*  Copyright © 2001-2002 Essemer Pty Ltd.  All rights reserved.

*  http://www.essemer.com.au/

*

*  This library is free software; you can redistribute it and/or

*  modify it under the terms of the GNU Lesser General Public

*  License as published by the Free Software Foundation; either

*  version 2.1 of the License, or (at your option) any later version.

*

*  This library is distributed in the hope that it will be useful,

*  but WITHOUT ANY WARRANTY; without even the implied warranty of

*  MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU

*  Lesser General Public License for more details.

 

  1. Third Party Software – FreeType

 

(C) 2006-2014 The FreeType Project (http://www.freetype.org). All rights reserved.

 

  1. Third Party Software – JPEGEncodesoftware

Third Party Licensor – Android Open Source Project.

Copyright (C) 2008, Android Open Source Project

 

Licensed under the Apache License, Version 2.0 (the “License”);

You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0

 

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

 

Copyright 2009-2012 Freescale Semiconductor, Inc.

 

Copyright 2014-2015 Librestream Technologies, Inc.

Modified for standalone use outside of the camera HAL.

 

  1. Third Party Software – iMX6 IPU Driver API

Third Party Licensor – Freescale Semiconductor, Inc.

Copyright © 2005-2012 Freescale Seminconductor, Inc.

 

This library is free software; you can redistribute it and/or modify it under the terms of the GNU Lesser General Public License as published by the Free Software Foundation; either version 2.1 of the License, or (at your option) any later version. (See <http://www.gnu.org/copyleft/lesser.html>.)

 

This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU Lesser General Public License for more details.

 

  1. Third Party Software – iMX6 BSP

Third Party Licensor – Freescale Semiconductor Inc.

Copyright © Freescale Seminconductor, Inc.

 

  1. Third Party Software – V4L2, Video for Linux Two

Third Party Licensor – Bill Dirks, Justin Schoeman, Hans Verkuil, et al..

Copyright © 1999-2007 the contributors.

 

See Note 1.

 

  1. Third Party Software – Embedded High Speed Electrical Testharness (EHSET) Drive

Third Party Licensor – Linux Foundation

Copyright © 2010-2013, The Linux Foundation, All rights reserved.

 

This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License version 2 and only version 2 as published by the Free Software Foundation.

 

This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.

 

  1. Third Party Software – TLV320AI325x Audio Codec Driver

Third Party Licensor – Texas Instruments Inc.

Copyright © 2011 Texas Instruments, Inc.

 

This package is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License version 2 as published by the Free Software Foundation.

 

THIS PACKAGE IS PROVIDED “AS IS” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

  1. Third Party Software – Iperf

Third Party Licensor – Copyright © 2009-2014, The Regents of the University of California, through Lawrence Berkeley National Laboratory, Dave Gamble, Russ Cox, Rob Pike, Sape Mullender, The Board of Trustees of the University of Illinois, Mark Gates, Ajay Tirumalla.

 

See Note 1.

 

Neither the name of the University of California, Lawrence Berkeley National Laboratory, U.S. Dept. of Energy nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

 

You are under no obligation whatsoever to provide any bug fixes, patches, or upgrades to the features, functionality or performance of the source code (“Enhancements”) to anyone; however, if you choose to make your Enhancements available either publicly, or directly to Lawrence Berkeley National Laboratory, without imposing a separate written license agreement for such Enhancements, then you hereby grant the following license: a  non-exclusive, royalty-free perpetual license to install, use, modify, prepare derivative works, incorporate into other computer software, distribute, and sublicense such enhancements or derivative works thereof, in binary and source code form.

 

  1. Third Party Software – Google Fonts – Roboto

Third Party Licensor – Google Inc.

 

Licensed under the Apache License, Version 2.0 (the “License”);

You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0

 

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

 

  1. Third Party Software – Amazon CA Root Certificates

Third Party Licensor – Amazon Trust Services LLC

Copyright 2016 Amazon Trust Services LLC

 

Licensed under the Creative Commons Attribution-NoDerivatives 4.0 International Public License (“Public License”) which can be found here:

 

https://creativecommons.org/licenses/by-nd/4.0/legalcode

 

  1. Third Party Software – NLog

Third Party Licensor – Jaroslaw Kowalski <jaak@jkowalski.net>, Kim Christensen, Julian Verdurmen

Copyright (c) 2004-2016 Jaroslaw Kowalski <jaak@jkowalski.net>, Kim Christensen, Julian Verdurmen

 

Neither the name of Jaroslaw Kowalski nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

 

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS”

AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE

IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE

ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE

LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR

CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF

SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS

INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN

CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)

ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF

THE POSSIBILITY OF SUCH DAMAGE.

 

  1. Third Party Software – WiLink8 WiFi Driver

Third Party Licensor – Texas Instruments Inc.

Copyright (C) 2011 Texas Instruments Inc.

 

This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License version 2 as published by the Free Software Foundation. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU General Public License for more details.

 

  1. Third Party Software – WiLink8 Bluetooth Driver

Third Party Licensor – Texas Instruments Inc.

Copyright (C) 2009-2010 Texas Instruments

Authors: Raja Mani <raja_mani@ti.com>, Pavan Savoy <pavan_savoy@ti.com>

 

This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License version 2 as published by the Free Software Foundation. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU General Public License for more details.

 

  1. Third Party Software – GPU Driver

Third Party Licensor – Vivante Corporation

Copyright (c) 2014 – 2015 Vivante Corporation

 

This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License version 2 as published by the Free Software Foundation. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU General Public License for more details.

 

  1. Third Party Software – VL53L0 ToF Driver

Third Party Licensor – STMicroelectronics Imaging Division

Copyright (C) 2016 STMicroelectronics Imaging Division

 

This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License version 2 as published by the Free Software Foundation. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU General Public License for more details.

 

  1. Third Party Software – TrueTouch Driver

Third Party Licensor – Cypress Semiconductor Inc.

Copyright (C) 2012-2013 Cypress Semiconductor

 

This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License version 2 as published by the Free Software Foundation. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU General Public License for more details.

 

 

  1. Third Party Software – TLV320AIC31 Driver

Third Party Licensor – Texas Instruments Inc.

Copyright (c) 2006 Hisilicon Co., Ltd.

 

This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License version 2 as published by the Free Software Foundation. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU General Public License for more details.

 

  1. Third Party Software – GPS Driver

Third Party Licensor – u-blox Inc.

Copyright (C) u-blox AG Thalwil, Switzerland All rights reserved.

 

Permission to use, copy, modify, and distribute this software for any purpose without fee is hereby granted, provided that this entire notice is included in all copies of any software which is or includes a copy or modification of this software and in all copies of the supporting documentation for such software.

 

THIS SOFTWARE IS BEING PROVIDED “AS IS”, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY. IN PARTICULAR, NEITHER THE AUTHOR NOR U-BLOX MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND CONCERNING THE MERCHANTABILITY OF THIS SOFTWARE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.

 

  1. Third Party Software – MMA8451 Motion Detection Sensor Driver

Third Party Licensor – Freescale Semiconductor, Inc.

Copyright (C) 2012-2014 Freescale Semiconductor, Inc. All Rights Reserved.

 

This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License version 2 as published by the Free Software Foundation. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU General Public License for more details.

 

  1. Third Party Software – ISL29023 Ambient Light Sensor Driver

Third Party Licensor – Freescale Semiconductor, Inc.

Copyright (C) 2011-2014 Freescale Semiconductor, Inc. All Rights Reserved.

 

This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License version 2 as published by the Free Software Foundation. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU General Public License for more details.

 

  1. Third Party Software – LM3648 Photo Flash Driver

Third Party Licensor – Texas Instruments Inc.

Copyright (C) 2015 Texas Instruments, Contact: Daniel Jeong <gshark.jeong@gmail.com>

 

This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License version 2 as published by the Free Software Foundation. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU General Public License for more details.

 

  1. GCC

Third Party Licensor – Free Software Foundation, Inc.

Copyright (C) 2006-2013 Free Software Foundation, Inc. Contributed by CodeSourcery.

 

GCC is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 3, or (at your  option) any later version.

 

GCC is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU General Public License for more details.

 

Under Section 7 of GPL version 3, you are granted additional permissions described in the GCC Runtime Library Exception, version

3.1, as published by the Free Software Foundation.

 

  1. Third Party Software – iAP2D

Third Party Licensor – Apple, Inc.

 

Disclaimer: IMPORTANT: This Apple software is supplied to you, by Apple Inc. (“Apple”), in your capacity as a current, and in good standing, Licensee in the MFi Licensing Program. Use of this Apple software is governed by and subject to the terms and conditions of your MFi License, including, but not limited to, the restrictions specified in the provision entitled “Public Software”, and is further subject to your agreement to the following additional terms, and your agreement that the use, installation, modification or redistribution of this Apple software constitutes acceptance of these additional terms. If you do not agree with these additional terms, please do not use, install, modify or redistribute this Apple software.

 

In consideration of your agreement to abide by the following terms, and subject to these terms, Apple grants you a personal, non-exclusive license, under Apple’s copyrights in this original Apple software (the Apple Software”), to use, reproduce, and modify the Apple Software in source form, and to use, reproduce, modify, and redistribute the Apple Software, with or without modifications, in binary form. While you may not redistribute the Apple Software in source form, should you redistribute the Apple Software in binary form, in its entirety and without modifications, you must retain this notice and the following text and disclaimers in all such redistributions of the Apple Software. Neither the name, trademarks, service marks, or logos of Apple Inc. may be used to endorse or promote products derived from the Apple Software without specific prior written permission from Apple. Except as expressly stated in this notice, no other rights or licenses, express or implied, are granted by Apple herein, including but not limited to any patent rights that may be infringed by your derivative works or by other works in which the Apple Software may be incorporated.

 

The Apple Software is provided by Apple on an “AS IS” basis. APPLE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE APPLE SOFTWARE OR ITS USE AND OPERATION ALONE OR IN COMBINATION WITH YOUR PRODUCTS.

 

IN NO EVENT SHALL APPLE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) ARISING IN ANY WAY OUT OF THE USE, REPRODUCTION, MODIFICATION AND/OR DISTRIBUTION OF THE APPLE SOFTWARE, HOWEVER CAUSED AND WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

Copyright (C) 2012 Apple Inc. All Rights Reserved.

 

  1. Third Party Software – Android Open Source Project (AOSP)

 

This product contains a modified version of the Android Open Source Project and is used under Apache License version 2.01.

 

1 Apache License

 

Apache License

Version 2.0, January 2004

http://www.apache.org/licenses/

 

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

 

  1. Definitions.

 

“License” shall mean the terms and conditions for use, reproduction,

and distribution as defined by Sections 1 through 9 of this document.

 

“Licensor” shall mean the copyright owner or entity authorized by

the copyright owner that is granting the License.

 

“Legal Entity” shall mean the union of the acting entity and all

other entities that control, are controlled by, or are under common

control with that entity. For the purposes of this definition,

“control” means (i) the power, direct or indirect, to cause the

direction or management of such entity, whether by contract or

otherwise, or (ii) ownership of fifty percent (50%) or more of the

outstanding shares, or (iii) beneficial ownership of such entity.

 

“You” (or “Your”) shall mean an individual or Legal Entity

exercising permissions granted by this License.

 

“Source” form shall mean the preferred form for making modifications,

including but not limited to software source code, documentation

source, and configuration files.

 

“Object” form shall mean any form resulting from mechanical

transformation or translation of a Source form, including but

not limited to compiled object code, generated documentation,

and conversions to other media types.

 

“Work” shall mean the work of authorship, whether in Source or

Object form, made available under the License, as indicated by a

copyright notice that is included in or attached to the work

(an example is provided in the Appendix below).

 

“Derivative Works” shall mean any work, whether in Source or Object

form, that is based on (or derived from) the Work and for which the

editorial revisions, annotations, elaborations, or other modifications

represent, as a whole, an original work of authorship. For the purposes

of this License, Derivative Works shall not include works that remain

separable from, or merely link (or bind by name) to the interfaces of,

the Work and Derivative Works thereof.

 

“Contribution” shall mean any work of authorship, including

the original version of the Work and any modifications or additions

to that Work or Derivative Works thereof, that is intentionally

submitted to Licensor for inclusion in the Work by the copyright owner

or by an individual or Legal Entity authorized to submit on behalf of

the copyright owner. For the purposes of this definition, “submitted”

means any form of electronic, verbal, or written communication sent

to the Licensor or its representatives, including but not limited to

communication on electronic mailing lists, source code control systems,

and issue tracking systems that are managed by, or on behalf of, the

Licensor for the purpose of discussing and improving the Work, but

excluding communication that is conspicuously marked or otherwise

designated in writing by the copyright owner as “Not a Contribution.”

 

“Contributor” shall mean Licensor and any individual or Legal Entity

on behalf of whom a Contribution has been received by Licensor and

subsequently incorporated within the Work.

 

  1. Grant of Copyright License. Subject to the terms and conditions of

this License, each Contributor hereby grants to You a perpetual,

worldwide, non-exclusive, no-charge, royalty-free, irrevocable

copyright license to reproduce, prepare Derivative Works of,

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Work and such Derivative Works in Source or Object form.

 

  1. Grant of Patent License. Subject to the terms and conditions of

this License, each Contributor hereby grants to You a perpetual,

worldwide, non-exclusive, no-charge, royalty-free, irrevocable

(except as stated in this section) patent license to make, have made,

use, offer to sell, sell, import, and otherwise transfer the Work,

where such license applies only to those patent claims licensable

by such Contributor that are necessarily infringed by their

Contribution(s) alone or by combination of their Contribution(s)

with the Work to which such Contribution(s) was submitted. If You

institute patent litigation against any entity (including a

cross-claim or counterclaim in a lawsuit) alleging that the Work

or a Contribution incorporated within the Work constitutes direct

or contributory patent infringement, then any patent licenses

granted to You under this License for that Work shall terminate

as of the date such litigation is filed.

 

  1. Redistribution. You may reproduce and distribute copies of the

Work or Derivative Works thereof in any medium, with or without

modifications, and in Source or Object form, provided that You

meet the following conditions:

 

(a) You must give any other recipients of the Work or

Derivative Works a copy of this License; and

 

(b) You must cause any modified files to carry prominent notices

stating that You changed the files; and

 

(c) You must retain, in the Source form of any Derivative Works

that You distribute, all copyright, patent, trademark, and

attribution notices from the Source form of the Work,

excluding those notices that do not pertain to any part of

the Derivative Works; and

 

(d) If the Work includes a “NOTICE” text file as part of its

distribution, then any Derivative Works that You distribute must

include a readable copy of the attribution notices contained

within such NOTICE file, excluding those notices that do not

pertain to any part of the Derivative Works, in at least one

of the following places: within a NOTICE text file distributed

as part of the Derivative Works; within the Source form or

documentation, if provided along with the Derivative Works; or,

within a display generated by the Derivative Works, if and

wherever such third-party notices normally appear. The contents

of the NOTICE file are for informational purposes only and

do not modify the License. You may add Your own attribution

notices within Derivative Works that You distribute, alongside

or as an addendum to the NOTICE text from the Work, provided

that such additional attribution notices cannot be construed

as modifying the License.

 

You may add Your own copyright statement to Your modifications and

may provide additional or different license terms and conditions

for use, reproduction, or distribution of Your modifications, or

for any such Derivative Works as a whole, provided Your use,

reproduction, and distribution of the Work otherwise complies with

the conditions stated in this License.

 

  1. Submission of Contributions. Unless You explicitly state otherwise,

any Contribution intentionally submitted for inclusion in the Work

by You to the Licensor shall be under the terms and conditions of

this License, without any additional terms or conditions.

Notwithstanding the above, nothing herein shall supersede or modify

the terms of any separate license agreement you may have executed

with Licensor regarding such Contributions.

 

  1. Trademarks. This License does not grant permission to use the trade

names, trademarks, service marks, or product names of the Licensor,

except as required for reasonable and customary use in describing the

origin of the Work and reproducing the content of the NOTICE file.

 

  1. Disclaimer of Warranty. Unless required by applicable law or

agreed to in writing, Licensor provides the Work (and each

Contributor provides its Contributions) on an “AS IS” BASIS,

WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or

implied, including, without limitation, any warranties or conditions

of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A

PARTICULAR PURPOSE. You are solely responsible for determining the

appropriateness of using or redistributing the Work and assume any

risks associated with Your exercise of permissions under this License.

 

  1. Limitation of Liability. In no event and under no legal theory,

whether in tort (including negligence), contract, or otherwise,

unless required by applicable law (such as deliberate and grossly

negligent acts) or agreed to in writing, shall any Contributor be

liable to You for damages, including any direct, indirect, special,

incidental, or consequential damages of any character arising as a

result of this License or out of the use or inability to use the

Work (including but not limited to damages for loss of goodwill,

work stoppage, computer failure or malfunction, or any and all

other commercial damages or losses), even if such Contributor

has been advised of the possibility of such damages.

 

  1. Accepting Warranty or Additional Liability. While redistributing

the Work or Derivative Works thereof, You may choose to offer,

and charge a fee for, acceptance of support, warranty, indemnity,

or other liability obligations and/or rights consistent with this

License. However, in accepting such obligations, You may act only

on Your own behalf and on Your sole responsibility, not on behalf

of any other Contributor, and only if You agree to indemnify,

defend, and hold each Contributor harmless for any liability

incurred by, or claims asserted against, such Contributor by reason

of your accepting any such warranty or additional liability.

 

END OF TERMS AND CONDITIONS

 

NOTE 1:

 

Redistribution and use in source and binary forms, with or without

modification, are permitted provided that the following conditions

are met:

  1. Redistributions of source code must retain the applicable copyright

notice, this list of conditions and the following disclaimer.

  1. Redistributions in binary form must reproduce the applicable copyright

notice, this list of conditions and the following disclaimer in the

documentation and/or other materials provided with the distribution.

  1. Neither the name of the project nor the names of its contributors

may be used to endorse or promote products derived from this software

without specific prior written permission.

 

THIS SOFTWARE IS PROVIDED BY THE PROJECT AND CONTRIBUTORS “AS IS” AND

ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE

IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE

ARE DISCLAIMED.  IN NO EVENT SHALL THE PROJECT OR CONTRIBUTORS BE LIABLE

FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL

DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS

OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)

HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT

LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY

OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF

SUCH DAMAGE.

 

2 GNU Public License

 

GNU GENERAL PUBLIC LICENSE

Version 2, June 1991

 

Copyright (C) 1989, 1991 Free Software Foundation, Inc.

59 Temple Place, Suite 330, Boston, MA  02111-1307  USA

Everyone is permitted to copy and distribute verbatim copies

of this license document, but changing it is not allowed.

 

Preamble

 

The licenses for most software are designed to take away your

freedom to share and change it.  By contrast, the GNU General Public

License is intended to guarantee your freedom to share and change free

software–to make sure the software is free for all its users.  This

General Public License applies to most of the Free Software

Foundation’s software and to any other program whose authors commit to

using it.  (Some other Free Software Foundation software is covered by

the GNU Library General Public License instead.)  You can apply it to

your programs, too.

 

When we speak of free software, we are referring to freedom, not

price.  Our General Public Licenses are designed to make sure that you

have the freedom to distribute copies of free software (and charge for

this service if you wish), that you receive source code or can get it

if you want it, that you can change the software or use pieces of it

in new free programs; and that you know you can do these things.

 

To protect your rights, we need to make restrictions that forbid

anyone to deny you these rights or to ask you to surrender the rights.

These restrictions translate to certain responsibilities for you if you

distribute copies of the software, or if you modify it.

 

For example, if you distribute copies of such a program, whether

gratis or for a fee, you must give the recipients all the rights that

you have.  You must make sure that they, too, receive or can get the

source code.  And you must show them these terms so they know their

rights.

 

We protect your rights with two steps: (1) copyright the software, and

(2) offer you this license which gives you legal permission to copy,

distribute and/or modify the software.

 

Also, for each author’s protection and ours, we want to make certain

that everyone understands that there is no warranty for this free

software.  If the software is modified by someone else and passed on, we

want its recipients to know that what they have is not the original, so

that any problems introduced by others will not reflect on the original

authors’ reputations.

 

Finally, any free program is threatened constantly by software

patents.  We wish to avoid the danger that redistributors of a free

program will individually obtain patent licenses, in effect making the

program proprietary.  To prevent this, we have made it clear that any

patent must be licensed for everyone’s free use or not licensed at all.

 

The precise terms and conditions for copying, distribution and

modification follow.

 

GNU GENERAL PUBLIC LICENSE

TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

 

Copies of the GNU Public License can also be obtained by writing to the Free Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA  02111-1307 USA

 

In accordance with section (4) of the GNU General Public License, copies of modified source code licensed under GPL and Librestream modified version of said code will be provided upon request from Librestream.  To obtain the source code on a CD, please send USD$10 for shipping and handling to:

 

Customer Services

Librestream Technologies Inc.

Suite 110, 895 Waverley Street

Winnipeg, Manitoba

Canada R3T 5P4

 

  1. This License applies to any program or other work which contains

a notice placed by the copyright holder saying it may be distributed

under the terms of this General Public License.  The “Program”, below,

refers to any such program or work, and a “work based on the Program”

means either the Program or any derivative work under copyright law:

that is to say, a work containing the Program or a portion of it,

either verbatim or with modifications and/or translated into another

language.  (Hereinafter, translation is included without limitation in

the term “modification”.)  Each licensee is addressed as “you”.

 

Activities other than copying, distribution and modification are not

covered by this License; they are outside its scope.  The act of

running the Program is not restricted, and the output from the Program

is covered only if its contents constitute a work based on the

Program (independent of having been made by running the Program).

Whether that is true depends on what the Program does.

 

  1. You may copy and distribute verbatim copies of the Program’s

source code as you receive it, in any medium, provided that you

conspicuously and appropriately publish on each copy an appropriate

copyright notice and disclaimer of warranty; keep intact all the

notices that refer to this License and to the absence of any warranty;

and give any other recipients of the Program a copy of this License

along with the Program.

 

You may charge a fee for the physical act of transferring a copy, and

you may at your option offer warranty protection in exchange for a fee.

 

  1. You may modify your copy or copies of the Program or any portion

of it, thus forming a work based on the Program, and copy and

distribute such modifications or work under the terms of Section 1

above, provided that you also meet all of these conditions:

 

  1. a) You must cause the modified files to carry prominent notices

stating that you changed the files and the date of any change.

 

  1. b) You must cause any work that you distribute or publish, that in

whole or in part contains or is derived from the Program or any

part thereof, to be licensed as a whole at no charge to all third

parties under the terms of this License.

 

  1. c) If the modified program normally reads commands interactively

when run, you must cause it, when started running for such

interactive use in the most ordinary way, to print or display an

announcement including an appropriate copyright notice and a

notice that there is no warranty (or else, saying that you provide

a warranty) and that users may redistribute the program under

these conditions, and telling the user how to view a copy of this

License.  (Exception: if the Program itself is interactive but

does not normally print such an announcement, your work based on

the Program is not required to print an announcement.)

 

These requirements apply to the modified work as a whole.  If

identifiable sections of that work are not derived from the Program,

and can be reasonably considered independent and separate works in

themselves, then this License, and its terms, do not apply to those

sections when you distribute them as separate works.  But when you

distribute the same sections as part of a whole which is a work based

on the Program, the distribution of the whole must be on the terms of

this License, whose permissions for other licensees extend to the

entire whole, and thus to each and every part regardless of who wrote it.

 

Thus, it is not the intent of this section to claim rights or contest

your rights to work written entirely by you; rather, the intent is to

exercise the right to control the distribution of derivative or

collective works based on the Program.

 

In addition, mere aggregation of another work not based on the Program

with the Program (or with a work based on the Program) on a volume of

a storage or distribution medium does not bring the other work under

the scope of this License.

 

  1. You may copy and distribute the Program (or a work based on it,

under Section 2) in object code or executable form under the terms of

Sections 1 and 2 above provided that you also do one of the following:

 

  1. a) Accompany it with the complete corresponding machine-readable

source code, which must be distributed under the terms of Sections

1 and 2 above on a medium customarily used for software interchange; or,

 

  1. b) Accompany it with a written offer, valid for at least three

years, to give any third party, for a charge no more than your

cost of physically performing source distribution, a complete

machine-readable copy of the corresponding source code, to be

distributed under the terms of Sections 1 and 2 above on a medium

customarily used for software interchange; or,

 

  1. c) Accompany it with the information you received as to the offer

to distribute corresponding source code.  (This alternative is

allowed only for noncommercial distribution and only if you

received the program in object code or executable form with such

an offer, in accord with Subsection b above.)

 

The source code for a work means the preferred form of the work for

making modifications to it.  For an executable work, complete source

code means all the source code for all modules it contains, plus any

associated interface definition files, plus the scripts used to

control compilation and installation of the executable.  However, as a

special exception, the source code distributed need not include

anything that is normally distributed (in either source or binary

form) with the major components (compiler, kernel, and so on) of the

operating system on which the executable runs, unless that component

itself accompanies the executable.

 

If distribution of executable or object code is made by offering

access to copy from a designated place, then offering equivalent

access to copy the source code from the same place counts as

distribution of the source code, even though third parties are not

compelled to copy the source along with the object code.

 

  1. You may not copy, modify, sublicense, or distribute the Program

except as expressly provided under this License.  Any attempt

otherwise to copy, modify, sublicense or distribute the Program is

void, and will automatically terminate your rights under this License.

However, parties who have received copies, or rights, from you under

this License will not have their licenses terminated so long as such

parties remain in full compliance.

 

  1. You are not required to accept this License, since you have not

signed it.  However, nothing else grants you permission to modify or

distribute the Program or its derivative works.  These actions are

prohibited by law if you do not accept this License.  Therefore, by

modifying or distributing the Program (or any work based on the

Program), you indicate your acceptance of this License to do so, and

all its terms and conditions for copying, distributing or modifying

the Program or works based on it.

 

  1. Each time you redistribute the Program (or any work based on the

Program), the recipient automatically receives a license from the

original licensor to copy, distribute or modify the Program 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 by third parties to

this License.

 

  1. If, as a consequence of a court judgment or allegation of patent

infringement or for any other reason (not limited to patent issues),

conditions are imposed on you (whether by court order, agreement or

otherwise) that contradict the conditions of this License, they do not

excuse you from the conditions of this License.  If you cannot

distribute so as to satisfy simultaneously your obligations under this

License and any other pertinent obligations, then as a consequence you

may not distribute the Program at all.  For example, if a patent

license would not permit royalty-free redistribution of the Program by

all those who receive copies directly or indirectly through you, then

the only way you could satisfy both it and this License would be to

refrain entirely from distribution of the Program.

 

If any portion of this section is held invalid or unenforceable under

any particular circumstance, the balance of the section is intended to

apply and the section as a whole is intended to apply in other

circumstances.

 

It is not the purpose of this section to induce you to infringe any

patents or other property right claims or to contest validity of any

such claims; this section has the sole purpose of protecting the

integrity of the free software distribution system, which is

implemented by public license practices.  Many people have made

generous contributions to the wide range of software distributed

through that system in reliance on consistent application of that

system; it is up to the author/donor to decide if he or she is willing

to distribute software through any other system and a licensee cannot

impose that choice.

 

This section is intended to make thoroughly clear what is believed to

be a consequence of the rest of this License.

 

  1. If the distribution and/or use of the Program is restricted in

certain countries either by patents or by copyrighted interfaces, the

original copyright holder who places the Program under this License

may add an explicit geographical distribution limitation excluding

those countries, so that distribution is permitted only in or among

countries not thus excluded.  In such case, this License incorporates

the limitation as if written in the body of this License.

 

  1. The Free Software Foundation may publish revised and/or new versions

of the General Public License from time to time.  Such new versions will

be similar in spirit to the present version, but may differ in detail to

address new problems or concerns.

 

Each version is given a distinguishing version number.  If the Program

specifies a version number of this License which applies to it and “any

later version”, you have the option of following the terms and conditions

either of that version or of any later version published by the Free

Software Foundation.  If the Program does not specify a version number of

this License, you may choose any version ever published by the Free Software

Foundation.

 

  1. If you wish to incorporate parts of the Program into other free

programs whose distribution conditions are different, write to the author

to ask for permission.  For software which is copyrighted by the Free

Software Foundation, write to the Free Software Foundation; we sometimes

make exceptions for this.  Our decision will be guided by the two goals

of preserving the free status of all derivatives of our free software and

of promoting the sharing and reuse of software generally.

 

NO WARRANTY

 

  1. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY

FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW.  EXCEPT WHEN

OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES

PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED

OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE ENTIRE RISK AS

TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU.  SHOULD THE

PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,

REPAIR OR CORRECTION.

 

  1. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING

WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR

REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,

INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING

OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED

TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY

YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER

PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES.

 

END OF TERMS AND CONDITIONS

 

How to Apply These Terms to Your New Programs

 

If you develop a new program, and you want it to be of the greatest

possible use to the public, the best way to achieve this is to make it

free software which everyone can redistribute and change under these terms.

 

To do so, attach the following notices to the program.  It is safest

to attach them to the start of each source file to most effectively

convey the exclusion of warranty; and each file should have at least

the “copyright” line and a pointer to where the full notice is found.

 

<one line to give the program’s name and a brief idea of what it does.>

Copyright (C) 19yy  <name of author>

 

This program is free software; you can redistribute it and/or modify

it under the terms of the GNU General Public License as published by

the Free Software Foundation; either version 2 of the License, or

(at your option) any later version.

 

This program is distributed in the hope that it will be useful,

but WITHOUT ANY WARRANTY; without even the implied warranty of

MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the

GNU General Public License for more details.

 

You should have received a copy of the GNU General Public License

along with this program; if not, write to the Free Software

Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA  02111-1307  USA

 

 

Also add information on how to contact you by electronic and paper mail.

 

If the program is interactive, make it output a short notice like this

when it starts in an interactive mode:

 

Gnomovision version 69, Copyright (C) 19yy name of author

Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w’.

This is free software, and you are welcome to redistribute it

under certain conditions; type `show c’ for details.

 

The hypothetical commands `show w’ and `show c’ should show the appropriate

parts of the General Public License.  Of course, the commands you use may

be called something other than `show w’ and `show c’; they could even be

mouse-clicks or menu items–whatever suits your program.

 

You should also get your employer (if you work as a programmer) or your

school, if any, to sign a “copyright disclaimer” for the program, if

necessary.  Here is a sample; alter the names:

 

Yoyodyne, Inc., hereby disclaims all copyright interest in the program

`Gnomovision’ (which makes passes at compilers) written by James Hacker.

 

<signature of Ty Coon>, 1 April 1989

Ty Coon, President of Vice

 

This General Public License does not permit incorporating your program into

proprietary programs.  If your program is a subroutine library, you may

consider it more useful to permit linking proprietary applications with the

library.  If this is what you want to do, use the GNU Library General

Public License instead of this License.

 

3 Academic Free License

 

The Academic Free License

  1. 2.1

 

This Academic Free License (the “License”) applies to any original work of authorship (the “Original Work”) whose owner (the “Licensor”) has placed the following notice immediately following the copyright notice for the Original Work:

 

Licensed under the Academic Free License version 2.1

 

1) Grant of Copyright License. Licensor hereby grants You a

world-wide, royalty-free, non-exclusive, perpetual, sublicenseable

license to do the following:

 

  1. a) to reproduce the Original Work in copies;

 

  1. b) to prepare derivative works (“Derivative Works”) based upon the Original Work;

 

  1. c) to distribute copies of the Original Work and Derivative Works to the public;

 

  1. d) to perform the Original Work publicly; and

 

  1. e) to display the Original Work publicly.

 

2) Grant of Patent License. Licensor hereby grants You a world-wide,

royalty-free, non-exclusive, perpetual, sublicenseable license, under

patent claims owned or controlled by the Licensor that are embodied in

the Original Work as furnished by the Licensor, to make, use, sell and

offer for sale the Original Work and Derivative Works.

 

3) Grant of Source Code License. The term “Source Code” means the

preferred form of the Original Work for making modifications to it and

all available documentation describing how to modify the Original

Work. Licensor hereby agrees to provide a machine-readable copy of the

Source Code of the Original Work along with each copy of the Original

Work that Licensor distributes. Licensor reserves the right to satisfy

this obligation by placing a machine-readable copy of the Source Code

in an information repository reasonably calculated to permit

inexpensive and convenient access by You for as long as Licensor

continues to distribute the Original Work, and by publishing the

address of that information repository in a notice immediately

following the copyright notice that applies to the Original Work.

 

4) Exclusions From License Grant. Neither the names of Licensor, nor

the names of any contributors to the Original Work, nor any of their

trademarks or service marks, may be used to endorse or promote

products derived from this Original Work without express prior written

permission of the Licensor. Nothing in this License shall be deemed to

grant any rights to trademarks, copyrights, patents, trade secrets or

any other intellectual property of Licensor except as expressly stated

herein. No patent license is granted to make, use, sell or offer to

sell embodiments of any patent claims other than the licensed claims

defined in Section 2. No right is granted to the trademarks of

Licensor even if such marks are included in the Original Work. Nothing

in this License shall be interpreted to prohibit Licensor from

licensing under different terms from this License any Original Work

that Licensor otherwise would have a right to license.

 

5) This section intentionally omitted.

 

6) Attribution Rights. You must retain, in the Source Code of any

Derivative Works that You create, all copyright, patent or trademark

notices from the Source Code of the Original Work, as well as any

notices of licensing and any descriptive text identified therein as an

“Attribution Notice.” You must cause the Source Code for any

Derivative Works that You create to carry a prominent Attribution

Notice reasonably calculated to inform recipients that You have

modified the Original Work.

 

7) Warranty of Provenance and Disclaimer of Warranty. Licensor

warrants that the copyright in and to the Original Work and the patent

rights granted herein by Licensor are owned by the Licensor or are

sublicensed to You under the terms of this License with the permission

of the contributor(s) of those copyrights and patent rights. Except as

expressly stated in the immediately proceeding sentence, the Original

Work is provided under this License on an “AS IS” BASIS and WITHOUT

WARRANTY, either express or implied, including, without limitation,

the warranties of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A

PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL

WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential

part of this License. No license to Original Work is granted hereunder

except under this disclaimer.

 

8) Limitation of Liability. Under no circumstances and under no legal

theory, whether in tort (including negligence), contract, or

otherwise, shall the Licensor be liable to any person for any direct,

indirect, special, incidental, or consequential damages of any

character arising as a result of this License or the use of the

Original Work including, without limitation, damages for loss of

goodwill, work stoppage, computer failure or malfunction, or any and

all other commercial damages or losses. This limitation of liability

shall not apply to liability for death or personal injury resulting

from Licensor’s negligence to the extent applicable law prohibits such

limitation. Some jurisdictions do not allow the exclusion or

limitation of incidental or consequential damages, so this exclusion

and limitation may not apply to You.

 

9) Acceptance and Termination. If You distribute copies of the

Original Work or a Derivative Work, You must make a reasonable effort

under the circumstances to obtain the express assent of recipients to

the terms of this License. Nothing else but this License (or another

written agreement between Licensor and You) grants You permission to

create Derivative Works based upon the Original Work or to exercise

any of the rights granted in Section 1 herein, and any attempt to do

so except under the terms of this License (or another written

agreement between Licensor and You) is expressly prohibited by

U.S. copyright law, the equivalent laws of other countries, and by

international treaty. Therefore, by exercising any of the rights

granted to You in Section 1 herein, You indicate Your acceptance of

this License and all of its terms and conditions.

 

10) Termination for Patent Action. This License shall terminate

automatically and You may no longer exercise any of the rights granted

to You by this License as of the date You commence an action,

including a cross-claim or counterclaim, against Licensor or any

licensee alleging that the Original Work infringes a patent. This

termination provision shall not apply for an action alleging patent

infringement by combinations of the Original Work with other software

or hardware.

 

11) Jurisdiction, Venue and Governing Law. Any action or suit relating

to this License may be brought only in the courts of a jurisdiction

wherein the Licensor resides or in which Licensor conducts its primary

business, and under the laws of that jurisdiction excluding its

conflict-of-law provisions. The application of the United Nations

Convention on Contracts for the International Sale of Goods is

expressly excluded. Any use of the Original Work outside the scope of

this License or after its termination shall be subject to the

requirements and penalties of the U.S. Copyright Act, 17 U.S.C. § 101

et seq., the equivalent laws of other countries, and international

treaty. This section shall survive the termination of this License.

 

12) Attorneys Fees. In any action to enforce the terms of this License

or seeking damages relating thereto, the prevailing party shall be

entitled to recover its costs and expenses, including, without

limitation, reasonable attorneys’ fees and costs incurred in

connection with such action, including any appeal of such action. This

section shall survive the termination of this License.

 

13) Miscellaneous. This License represents the complete agreement

concerning the subject matter hereof. If any provision of this License

is held to be unenforceable, such provision shall be reformed only to

the extent necessary to make it enforceable.

 

14) Definition of “You” in This License. “You” throughout this

License, whether in upper or lower case, means an individual or a

legal entity exercising rights under, and complying with all of the

terms of, this License. For legal entities, “You” includes any entity

that controls, is controlled by, or is under common control with

you. For purposes of this definition, “control” means (i) the power,

direct or indirect, to cause the direction or management of such

entity, whether by contract or otherwise, or (ii) ownership of fifty

percent (50%) or more of the outstanding shares, or (iii) beneficial

ownership of such entity.

 

15) Right to Use. You may use the Original Work in all ways not

otherwise restricted or conditioned by this License or by law, and

Licensor promises not to interfere with or be responsible for such

uses by You.

 

This license is Copyright (C) 2003-2004 Lawrence E. Rosen. All rights

reserved. Permission is hereby granted to copy and distribute this

license without modification. This license may not be modified without

the express written permission of its copyright owner.

 

 

END OF ACADEMIC FREE LICENSE. The following is intended to describe the essential

differences between the Academic Free License (AFL) version 1.0 and other

open source licenses:

 

The Academic Free License is similar to the BSD, MIT, UoI/NCSA and Apache

licenses in many respects but it is intended to solve a few problems with

those licenses.

 

* The AFL is written so as to make it clear what software is being

licensed (by the inclusion of a statement following the copyright notice

in the software). This way, the license functions better than a template

license. The BSD, MIT and UoI/NCSA licenses apply to unidentified software.

 

* The AFL contains a complete copyright grant to the software. The BSD

and Apache licenses are vague and incomplete in that respect.

 

* The AFL contains a complete patent grant to the software. The BSD, MIT,

UoI/NCSA and Apache licenses rely on an implied patent license and contain

no explicit patent grant.

 

* The AFL makes it clear that no trademark rights are granted to the

licensor’s trademarks. The Apache license contains such a provision, but the

BSD, MIT and UoI/NCSA licenses do not.

 

* The AFL includes the warranty by the licensor that it either owns the

copyright or that it is distributing the software under a license. None of

the other licenses contain that warranty. All other warranties are disclaimed,

as is the case for the other licenses.

 

* The AFL is itself copyrighted (with the right granted to copy and distribute

without modification). This ensures that the owner of the copyright to the

license will control changes. The Apache license contains a copyright notice,

but the BSD, MIT and UoI/NCSA licenses do not.

 

SCHEDULE C – ADDITIONALTERMS AND CONDITIONS

 

Applicable for Onsight Connect for iOS only:

 

C.1 Librestream and Licensee acknowledge that this End User License Agreement is concluded between Librestream and Licensee only, and not with Apple, and Librestream, not Apple, are solely responsible for the Licensed Application and the content thereof.

 

C.2 Librestream, not Apple, is responsible for providing any maintenance and support services with respect to the Software, as specified in the EULA, or as required under applicable law.  Licensee acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.

 

C.3 Further to warranty provisions of End User License Agreement, in the event of any failure of the Software to conform to any applicable warranty, the Licensee may notify Apple, and Apple will refund the purchase price for the Licensed Application to that Licensee and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application.

 

C.4 Librestream and Licensee acknowledge that Librestream, not Apple, is responsible for addressing any claims of Licensee or any third party relating to the Software or Licensee’s possession and/or use of the Software including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

 

C.5 Librestream and Licensee acknowledge that, in the event of any third party claim that the Software or Licensee’s possession and use of the Software infringes that third party’s intellectual property rights, Librestream, not Apple, will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

END USER LICENSE AGREEMENT FOR ONSIGHT CONNECT SOFTWARE AND ONSIGHT HARDWARE (RUGGED SMART CAMERAS AND COLLABORATION HUB)*

* NOTE TO LICENSEES – THE MOST RECENT VERSION OF THIS AGREEMENT MAY BE FOUND ON LIBRESTREAM’S WEBSITE – SEE http://www.librestream.com/products/termsofuse.html

 

IMPORTANT – PLEASE READ THIS AGREEMENT CAREFULLY.

 

LIBRESTREAM IS WILLING TO LICENSE THE SOFTWARE TO LICENSEES AND ALLOW LICENSEES TO USE THE SOFTWARE AS CONTEMPLATED HEREIN ONLY UPON THE CONDITION THAT EACH LICENSEE ACCEPTS AND AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT THAT APPLY TO THAT LICENSEE’S USE OF THE SOFTWARE.

 

FOR ALL INTENTS AND PURPOSES, EACH PERSON WHO DOWNLOADS, INSTALLS, OR USES ANY SOFTWARE, OR USES ANY LIBRESTREAM PRODUCT, IS DEEMED TO BE A LICENSEE, WITH SUCH DOWNLOADING, INSTALLATION AND/OR USE CONSTITUTING IMMEDIATE AND AUTOMATIC ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, WHICH WILL BE BINDING ON, AND ENFORCEABLE AGAINST, THAT LICENSEE. 

 

IF ANY POTENTIAL LICENSEE DOES NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, THEN LIBRESTREAM IS NOT WILLING TO LICENSE ANY OF THE SOFTWARE TO THAT LICENSEE OR TO ALLOW THAT LICENSEE TO USE ANY OF THE SOFTWARE OR ANY LIBRESTREAM PRODUCT.  IN SUCH A CASE:

 

(a)  DO NOT DOWNLOAD, INSTALL OR USE ANY SOFTWARE

 

(b)  IF YOU HAVE ALREADY ACQUIRED THE SOFTWARE, RETURN THE SOFTWARE FOR A FULL REFUND OR, IF THE SOFTWARE IS SUPPLIED AS PART OF A LIBRESTREAM PRODUCT, RETURN THAT LIBRESTREAM PRODUCT FOR A FULL REFUND, AND

 

(c)  IF YOU HAVE ALREADY INSTALLED THE SOFTWARE ON A COMPUTING DEVICE, DELETE THE SOFTWARE FROM THAT COMPUTING DEVICE.

  1. DEFINITIONS.

1.1 “Agreement” means this End User License Agreement, including any Schedule attached hereto.

1.2 “Computing Device” means any electronic and/or computing device that is capable of running the Librestream Software, including a Librestream Product.

1.3 “Confidential Information” means (a) the Software and any portions, components or sub-files thereof; (b) the structure, sequence, internal design and organization of the Software and the concepts, methods of operations and ideas disclosed therein, together with all associated interface information; (c) any trade secrets relating to the Software and/or any Librestream Product; (d) any tangible items marked “confidential” or with a similar designation by Librestream or any of its distributors or other representatives or by any Third Party Licensor, and/or any information disclosed visually or verbally and identified by Librestream or any such distributor or other representative as confidential at the time of disclosure; and (e) the terms and conditions of this Agreement.

1.4 “Device Subscription” means a Subscription License that is assigned to a specific Computing Device or to a specific instance of a running virtual machine.

 

1.5 “External Guest User Account” means a User Account that is neither a Group User Account nor an Individual User Account and that is intended for use by a variety of individuals not directly employed by Licensee on a short-term, temporary basis. Only available with an Master License.

1.6 “Group User Account” means a User Account that has been assigned to a specific group of individuals to share among themselves. Group User Accounts are only applicable for use with Onsight rugged smart cameras and not with any other Computing Device.

1.7 “Individual User Account” means a User Account that has been assigned to a specific individual.

1.8 “Intellectual Property” means any patents, patent rights, trademarks, service marks, registered designs, topography and semiconductor mask work rights, applications for any of the foregoing, copyrights, know-how, unregistered design rights, trade secrets and any other similar protected rights in any country.

1.9 “Librestream” means Librestream Technologies Inc.

1.10 “Librestream Product” means any product developed by or for Librestream that incorporates any of the Software in any manner whatsoever.

 

1.11 “Librestream Software” means any software that is proprietary to Librestream and that is not Third Party Software, and includes in particular the Librestream software identified in Schedule A hereto.

 

1.12 “Licensee” means, collectively, each and every person who downloads any of the Software, who installs any of the Software and/or who uses any of the Software and/or any Computing Device on which any of the Software has been installed or has otherwise been incorporated.

 

1.13 “Master License” means a license comprising numerous Individual User Accounts and External Guest User Accounts.

 

1.14 “party” means each of Licensee and Librestream, and “parties” means both Licensee and Librestream.

 

1.15 “person” includes an individual, a sole proprietor, a partnership, a corporation, a trust, a syndicate, a joint venture and any other business or legal entity of any nature or kind whatsoever.

 

1.16 “Purchase Order” means the purchase order or other documentary evidence of any nature or kind whatsoever that is related to this Agreement and that was submitted to and accepted in writing by Librestream.

 

1.17 “Software” means, collectively, the Librestream Software and the Third Party Software, and includes:

(a)   all of the contents of the files, disk(s), CD-ROM(s) or other media or downloads of any of the Software which are installed on any Computing Device (including firmware), or which are otherwise made available online by Librestream or any Third Party Licensor including:

(i)  all Librestream or Third Party Licensor computer information or software; and

(ii)  any and all related instructional or supplementary documentation in human or machine readable form supplied or otherwise made available by Librestream or any Third Party Licensor; and

(b)   all Upgrades in respect of which Licensee has paid the applicable license, subscription, maintenance and/or support fee(s).

 

1.18 “Subscription Licensing” or “Subscription License” means a license that is granted by Librestream pursuant to this Agreement to use the Software for a specified period of time, subject to termination in accordance with the provisions of Section 10.

 

1.19 “Third Party Licensors” means, collectively, those third parties who are the respective owners of the Third Party Software, and “Third Party Licensor” means any such third party.

 

1.20 “Third Party Software” means the software of a person other than Librestream that is embedded with the Librestream Software or that is otherwise provided to a Licensee by Librestream along with the Librestream Software.

 

1.21 “Third Party Software License Agreement” means a license agreement for a particular Third Party Software product, in the form attached to this End User License Agreement as a Schedule or in the form expressly referenced in any such Schedule.

 

1.22 “use” or “using” includes downloading, installing or copying any of the Software, running any of the Software, or otherwise benefiting from the functionality of any of the Software and/or any Computing Device on which any of the Software has been installed or has otherwise been incorporated.

 

1.23 “User Account” means an account required for any individual or group of individuals who wish to use a Subscription License.

 

1.24 “Upgrades” means all upgrades, modified versions, updates, additions and copies of any Software (including related documentation) which are provided, installed or made available online or otherwise by Librestream or any Third Party Licensor.

 

  1. LIMITED LICENSE.

2.1 Subject to Licensee’s strict compliance with the terms and conditions of this Agreement, Librestream hereby grants to Licensee, during the term of this Agreement, a worldwide, non-transferable, non-exclusive, revocable, royalty-free limited license to use the Software for Licensee’s internal business purposes on Computing Devices owned or under the control of Licensee and for no other purpose whatsoever. For greater certainty:

(a) some of the Third Party Software is licensed to Licensee in accordance with the provisions of the Third Party Software License Agreement applicable thereto, which Licensee acknowledges reading and agrees is binding on Licensee;

(b) all of the Librestream Software and all Third Party Software that is not subject to a Third Party Software License Agreement is licensed to Licensee in accordance with the terms and conditions of this End User License Agreement; and

(c) any default or non-compliance on the part of Licensee or those for whom it is responsible in law with the terms and conditions of this End User License Agreement or with the provisions of any Third Party Software License Agreement shall constitute default and non-compliance by Licensee with this End User License Agreement and all Third Party Software License Agreements.

2.2 A Licensee may not:

(a) use the Software on any Computing Device for which that Licensee does not have a valid license key/release key for which Licensee has paid to Librestream the required license fee; or

(b)  use, or allow the use of, the Software on an Individual User Account Subscription Licensing basis on more than four Computing Devices running concurrently for any particular Individual User Account, it being acknowledged and agreed by Licensee that the Software will not run for an individual on a Computing Device, on an Individual User Account Subscription Licensing basis, unless and until the individual to whom an Individual User Account has been issued or assigned has successfully logged in to his/her User Account.

(c)   use, or allow the use of, the Software on a Group User Account Subscription Licensing basis on more than one Computing Device for any particular Group User Account, it being acknowledged and agreed by Licensee that the Software will not run for an individual on a Computing Device, on a Group User Account Subscription Licensing basis, unless and until an individual to whom a Group User Account has been issued or assigned has successfully logged in to that Group User Account.

2.3 Any use of the Software which is not expressly authorized by this Agreement is strictly prohibited. Without limiting the generality of the foregoing and notwithstanding any other provision of this Agreement, in no event may Licensee do any of the following or permit any third party to do any of the following:

(a) transfer, assign or sublicense any of its license rights to any other person, or use the Software or any portion thereof on any electronic device other than a Computing Device (as that term is defined herein) – any such transfer, assignment, sublicense or use shall be null and void; or

(b) distribute, license, sublicense, rent, lease or sell the Software or any portion thereof as a standalone product – any such distribution, license, sublicense, rent, lease or sale shall be null and void; or

(c) circumvent in any manner whatsoever the activation process that needs to be followed in order to use the Software as authorized by this Agreement; or

(d) make error corrections to or otherwise modify or adapt the Software or any portion thereof; or

(e) reverse engineer, decrypt, disassemble or decompile the Software or any portion thereof, or otherwise reduce the Software of any portion thereof to human-readable form, except to the extent otherwise expressly permitted under applicable law notwithstanding this prohibition; or

(f) create any derivative works based upon the Software or any portion thereof or take any actions that would cause the Software or any portion thereof to become subject to the GPL, the LGPL or any other open source license (unless that portion is already expressly subject to the GPL, the LGPL or any other open source license, as expressly noted in any Third Party Software License Agreement); or

(g) use the Software or any portion thereof to perform services for third parties, whether on a service bureau or time sharing basis or otherwise, without the prior express written consent of Librestream; or

(h) use any Software or permit any Software to be used unless and until Licensee has paid to Librestream, or to any Librestream distributor or other representative, the license, subscription, maintenance, support and/or other fee payable for such use.

2.4 The Software is licensed, not sold, and is protected by the copyright laws of Canada and other countries and by international treaty provisions. All right, title and interest in and to the Software and any copies thereof, regardless of form or media, shall remain solely with Librestream or the Third Party Licensors, as the case may be. Except as expressly provided herein, this Agreement does not grant Licensee any rights under any of Librestream’s or any Third Party Licensor’s patents, copyrights, trade secrets, trademarks or other Intellectual Property rights. Librestream and each Third Party Licensor retain all rights not explicitly granted herein.

2.5 Licensees may make such limited copies of the Software as are strictly necessary for backup purposes only, provided that Licensee (i) does not copy the Software onto any public or distributed network and (ii) will not remove, obscure or destroy, and will reproduce on all copies of the Software so made, any Librestream and any Third Party Licensor names, logos, copyright or other notices, trademarks and other proprietary markings which appear on the Software.

2.6 Device Subscriptions are only valid for the period of time for which a Licensee has paid the applicable license, subscription or other fee directly to Librestream or to a Librestream distributor or other representative, and are only valid for the specific Computing Device on which the Software that is the subject of that Device Subscription is licensed to be used. Once such period of time expires with no further payment then Licensee must immediately cease using the Software.

2.7 User Accounts are only valid for the period of time for which a Licensee has paid the applicable license, subscription or other fee directly to Librestream or to a Librestream distributor or other representative. Once such period of time expires with no further payment then that User Account will become invalid and Licensee will no longer be able to use the Software via that User Account.

2.8 An Individual User Account and the username and password for that User Account are personal to the individual to whom that User Account is assigned, and are not to be shared with any other person under any circumstances. Notwithstanding the foregoing, Licensee shall be responsible for any use of the Software licensed to Licensee pursuant to this Agreement, regardless of whether or not such use is authorized by this Agreement and/or by Licensee.

2.9 A Group User Account and the username and password for that User Account can be shared between individuals, but only one individual can use the Group User Account at a time, with such use being confined to a single Computing Device. Notwithstanding the foregoing, Licensee shall be responsible for any use of the Software licensed to Licensee pursuant to this Agreement, regardless of whether or not such use is authorized by this Agreement and/or by Licensee.

2.10 Any User Accounts that are not allocated as specific Individual User Accounts and Group User Accounts may be used as External Guest User Accounts. External Guest User Accounts may only be created by a Licensee who is using the Software on a Device Subscription basis. External Guest User Accounts may not be used by Licensee or any person directly employed by Licensee but may be assigned to other outside individuals such as suppliers, customers, subcontractors, or other individuals not directly employed by Licensee as part of the specific nature of Licensee’s business. Licensee shall be solely responsible for any use by Licensee or by any third party of the Software issued to Licensee by Librestream or any Librestream distributor or other representative, regardless of whether or not any such third party use was authorized by this Agreement, by Librestream and/or by Licensee.

2.11 Licensee may provide Librestream or any Librestream distributor or other representative with suggestions, comments or other feedback regarding Licensee’s evaluation or use of the Software, including but not limited to suggested performance improvements to the Software and/or any Librestream Product, code enhancements and/or error corrections (“Feedback”). Licensee agrees that any Feedback shall be voluntarily given and that any and all Feedback will immediately and automatically become the property of Librestream, and that Librestream shall be entitled to incorporate any Feedback into the Software and/or any Librestream Product without any compensation or other liability or obligation of any nature or kind whatsoever to Licensee.

  1. UPGRADES.

3.1 Notwithstanding any other provision of this Agreement:

(a) Licensee has no license or other right to use any Upgrade unless Licensee, at the time of acquiring that Upgrade, already holds a valid license to use the Software that is the subject of that Upgrade and has paid to Librestream the applicable license, subscription, maintenance and/or support fee to use that Upgrade; and

(b) Licensee shall not use any Upgrade in any manner that is different from its use of the Software that was the subject of that Upgrade, unless Licensee is otherwise validly licensed to use that Upgrade and complies with Section 3.1(a).

  1. AUDIT RIGHTS AND INDEMNITY.

4.1 Licensee shall, within thirty (30) days following Licensee’s receipt of written request from Librestream or any Librestream distributor or other representative, fully document and certify all uses of the Software that Licensee has made within the period of twelve (12) months prior to the date of receipt of such request. In addition, Licensee shall, upon reasonable advance written notice and during normal business hours, provide access and allow Librestream or any Librestream distributor or other representative to inspect Licensee’s books, records and computer systems in order to confirm Licensee’s compliance with this Agreement.

4.2 In the event that any such request response or audit determines that Licensee is or was using the Software in a manner that exceeds or exceeded its license rights, Licensee shall immediately pay to Librestream on demand any amount(s) that are required to rectify such excessive use. This remedy shall be in addition to, and not in lieu of, any other right or remedy that Librestream may have pursuant to this Agreement or otherwise with respect to such excessive use.

4.3 In the event that any such request response or audit determines that Licensee is otherwise not in compliance with this Agreement, this Agreement shall immediately terminate as contemplated in Section 10.1. Such termination shall be in addition to, and not in lieu of, any other right or remedy that Librestream may have pursuant to this Agreement or otherwise with respect to such non-compliance.

4.4 Licensee shall indemnify Librestream and save Librestream harmless from and against any and all losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees) that arise out of or are attributable in any manner whatsoever to any non-compliance on the part of Licensee or those for whom it is in law responsible with any provision of this Agreement.

  1. CONFIDENTIAL INFORMATION.

Licensee shall not disclose to any third party, or use for any purpose not expressly permitted herein, any Confidential Information. Licensee agrees to take all reasonable measures to protect the Confidential Information and to prevent unauthorized disclosure thereof, which measures shall be at least as stringent as those measures Licensee takes to protect its own confidential information of like kind and which shall in no event be less than would be taken by a prudent business person in similar circumstances. Notwithstanding the foregoing, all Confidential Information, any and all documents and other tangible material and/or objects containing or representing Confidential Information and any and all copies thereof shall be and always remain the property of Librestream or the Third Party Licensors, as the case may be.

  1. REPRESENTATIONS AND WARRANTIES.

6.1 Librestream warrants that the Librestream Software will perform in substantial conformance to the applicable Librestream published specifications for that Librestream Software for a period of 12 months from the date of shipment from Librestream or from the date of downloading by Licensee, whichever is earlier, provided that (a) the Librestream Software remains unmodified by anyone other than Librestream; (b) the Librestream Software is and has always been operated under normal and proper conditions on the Computing Device on which that Librestream Software is licensed to be used; (c) the Librestream Software has not been used in any manner for which it was not designed; (d) the Librestream Software has not been used with any unauthorized software, hardware or third party equipment; (e) Licensee is not in breach of this Agreement; and (f) notice of any claim under this limited warranty is received in writing by Librestream within the 12 month limited warranty period.

6.2 Licensee’s sole and exclusive remedy (at law, in equity or otherwise), and the sole and entire responsibility and liability of Librestream, with respect to any claim under the limited warranty set forth in Section 6.1, is for Librestream to use commercially reasonable efforts to bring the non-warranty-compliant Librestream Software into substantial conformance with its published specifications as quickly as reasonably possible under the circumstances.

6.3 NO REPRESENTATION OR WARRANTY OF ANY NATURE OR KIND WHATSOEVER IS PROVIDED BY LIBRESTREAM REGARDING ANY THIRD PARTY SOFTWARE. IF AND TO THE EXTENT THAT ANY THIRD PARTY SOFTWARE LICENSE AGREEMENT IS ATTACHED TO THIS AGREEMENT AS A SCHEDULE OR IS EXPRESSLY REFERENCED IN ANY SCHEDULE TO THIS AGREEMENT, LICENSEES SHOULD CAREFULLY REVIEW ANY SUCH THIRD PARTY SOFTWARE LICENSE AGREEMENT TO DETERMINE WHETHER OR NOT ANY REPRESENTATION OR WARRANTY IS PROVIDED TO LICENSEE IN RESPECT OF THE THIRD PARTY SOFTWARE THAT IS THE SUBJECT OF SUCH THIRD PARTY SOFTWARE LICENSE AGREEMENT. OTHERWISE, ALL THIRD PARTY SOFTWARE IS PROVIDED “AS IS”, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY NATURE OR KIND WHATSOEVER.

6.4 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT ONLY TO THE LIMITED WARRANTIES IN SECTIONS 6.1 IN THE CASE OF THE LIBRESTREAM SOFTWARE AND TO ANY EXPRESS PROVISION TO THE CONTRARY IN ANY THIRD PARTY SOFTWARE LICENSE AGREEMENT (WHICH SUCH PROVISION SHALL BE CONFINED TO THE THIRD PARTY SOFTWARE AND THE THIRD PARTY LICENSOR THAT ARE THE SUBJECT OF THAT THIRD PARTY SOFTWARE LICENSE AGREEMENT), LIBRESTREAM AND THE THIRD PARTY LICENSORS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS AND THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR, NEITHER LIBRESTREAM NOR ANY THIRD PARTY LICENSOR REPRESENTS OR WARRANTS THAT THE FUNCTIONALITY OF THE SOFTWARE WILL SATISFY ANY OR ALL OF LICENSEE’S REQUIREMENTS, THAT THE SOFTWARE WILL WORK IN COMBINATION WITH ANY HARDWARE OR SOFTWARE PRODUCTS PROVIDED BY THIRD PARTIES, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED.  SOFTWARE UPGRADES, IF ANY, WILL BE PROVIDED AT THE SOLE DISCRETION OF LIBRESTREAM. LICENSEE ACKNOWLEDGES AND AGREES THAT SOFTWARE IN GENERAL IS NOT ERROR-FREE, AND THAT THE EXISTENCE OF MINOR ERRORS OR DEFECTS IN THE SOFTWARE DOES NOT MEAN THAT THE SOFTWARE DOES NOT PERFORM IN SUBSTANTIAL CONFORMANCE WITH ITS APPLICABLE PUBLISHED SPECIFICATIONS. NEITHER LIBRESTREAM NOR ANY THIRD PARTY LICENSOR SHALL BE RESPONSIBLE FOR THE RECONSTRUCTION OF ANY CORRUPTED OR LOST DATA FILES.

6.5 Librestream reserves the right to at any time provide a limited warranty for any Librestream Software that is different from the limited warranty set forth in Sections 6.1 and 6.2. The text of any such different limited warranty will be posted on Librestream’s website. Licensees should periodically visit Librestream’s website to determine if a different limited warranty is then being provided by Librestream.  In the event of any inconsistency between any such other limited warranty and the limited warranty set forth in Sections 6.1 and 6.2, the inconsistency shall be resolved in favor of such other limited warranty.

6.6 Librestream may also provide a separate limited warranty with respect to the hardware components of a Librestream Product.

  1. NO LIABILITY FOR INDIRECT DAMAGES.

REGARDLESS OF CIRCUMSTANCES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT UNDER THIS AGREEMENT OR IN TORT, INCLUDING NEGLIGENCE OR PRODUCTS LIABILITY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIBRESTREAM OR ANY THIRD PARTY LICENSOR HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSSES OR DAMAGES OF ANY NATURE OR KIND WHATSOEVER, ARISING OUT OF THIS AGREEMENT AND/OR LICENSEE’S USE OF, DELAY IN USING OR INABILITY TO USE THE SOFTWARE, ANY CONFIDENTIAL INFORMATION AND/OR ANY COMPUTING DEVICE, INCLUDING BUT NOT LIMITED TO LOST OR CORRUPTED DATA OF LICENSEE OR ANY THIRD PARTY, LOST PROFITS OR LOST GOODWILL, BUSINESS INTERRUPTION OR LOSS OF INFORMATION, FAILURE TO REALIZE SAVINGS, OR FOR ANY CLAIM OR DEMAND AGAINST LICENSEE BY ANY THIRD PARTY, EVEN IF LIBRESTREAM OR ANY THIRD PARTY LICENSOR MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR EVEN IF SUCH LOSSES OR DAMAGES WERE REASONABLY FORESEEABLE.

  1. LIMITED LIABILITY FOR DIRECT DAMAGES.

REGARDLESS OF CIRCUMSTANCES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT UNDER THIS AGREEMENT OR IN TORT, INCLUDING NEGLIGENCE OR PRODUCTS LIABILITY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CUMULATIVE LIABILITY OF LIBRESTREAM AND THE THIRD PARTY LICENSORS FOR LICENSEE’S DIRECT DAMAGES ARISING OUT OF OR RESULTING IN ANY MANNER WHATSOEVER FROM THIS AGREEMENT AND/OR LICENSEE’S USE OF, DELAY IN USING OR INABILITY TO USE THE SOFTWARE, ANY CONFIDENTIAL INFORMATION AND/OR ANY COMPUTING DEVICE, INCLUDING WITHOUT LIMITATION ANY UNCURED MATERIAL DEFAULT, BREACH OR FAILURE ON THE PART OF LIBRESTREAM OR ANY THIRD PARTY LICENSOR UNDER THIS AGREEMENT, SHALL IN NO EVENT EXCEED TEN DOLLARS ($10.00), IN CANADIAN CURRENCY.

  1. FUNDAMENTAL UNDERSTANDING REGARDING RISK ALLOCATION.

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

  1. TERM AND TERMINATION.

10.1 The licenses granted pursuant to this Agreement for use of the Software on a Subscription Licensing basis are time limited, as described in Section 2.7 or Section 2.8, as the case may be. Licensee may terminate the licenses and this Agreement upon 90 days’ written notice to Librestream solely in the event of a failure by Librestream to meet its obligations as detailed in the End User License Agreement. Without prejudice to any other right or remedy which may be available to Librestream, the licenses and this Agreement shall immediately terminate without the necessity of any notice from Librestream in the event that Licensee:

(a) fails to comply with any provision of this Agreement; or

(b) makes any voluntary arrangement with its creditors for the general settlement of its debts or becomes subject to the supervision of a bankruptcy tribunal; or

(c) has an order made against it, or passes a resolution, for its winding-up, or has a lien holder take possession of, or has a receiver or similar officer appointed over, all or substantially all of its property or assets.

10.2 Upon termination of this Agreement for any reason, Licensee agrees to immediately cease use of, and to return or destroy, at Librestream’s sole option, the Software and any other Confidential Information in Licensee’s possession, custody or control, together with all copies, including but not limited to deletion of the foregoing from any Computing Device on which the Software or any portion thereof may have been installed, and to certify such return or destruction in writing. Licensee also agrees that, if its license related to use of the Software on a Subscription Licensing basis, Librestream may immediately terminate all User Accounts that relate to Licensee, thereby denying Licensee and all of the individuals to whom Licensee has assigned a User Account any further access to and use of the Software.

10.3 Notwithstanding anything to the contrary contained herein, the bold faced and capitalized wording at the beginning of this Agreement and Sections 2.1(c), 2.2(a), 2.3, 2.4, 2.6, 2.7, 2.8, 2.9, 2.10, 2.11, 4, 5, 6, 7, 8, 9, 10.2, 11, 12 and 13 (and the relevant definitions in Section 1) shall survive any termination of this Agreement for any reason whatsoever.

  1. EXPORT.

Some of the Software and Confidential Information is subject to United States export control laws and regulations, and some or all of the Software may be subject to export or import regulations in other countries as well. Licensee agrees that it will not export, re-export, transfer or import any of the Software, any of the Confidential Information or any Librestream Product in violation of any applicable laws or regulations of the United States or any other country. Licensee is responsible for obtaining any licenses or authorizations required to export, re-export, transfer or import all or any portion of the Software and Confidential Information or any Librestream Product.

  1. ADDITIONAL TERMS AND CONDITIONS

Additional terms and conditions which form an integral part of this agreement, specific to the type of Computing Device on which the Software is downloaded, installed and/or used, are included in Schedule C.

  1. GOVERNMENT DEPARTMENTS.

In the event that Licensee is a governmental entity, only the department(s) or agency(s) specifically licensed in the Purchase Order to use the Software shall have the right to use the Software. Governmental departments or agencies not so specifically licensed must have a separate license and must pay additional license fees.

  1. GENERAL PROVISIONS.

14.1 Licensee shall not assign or otherwise transfer this Agreement or any of its rights and/or obligations hereunder, whether in whole or in part, including by operation of law, without the prior express written consent of Librestream.

14.2 Licensee hereby acknowledges that its breach of this Agreement may cause irreparable harm and significant injury to Librestream and/or one or more of the Third Party Licensors in an amount that may be difficult to ascertain and for which a remedy at law may be inadequate. Accordingly, Licensee agrees that, in addition to any other rights and remedies it may have, Librestream shall have the right to seek injunctive relief in any court of competent jurisdiction to enforce Licensee’s obligations under this Agreement.

14.3 This Agreement shall be construed and governed by the laws in force in the province of Manitoba, excluding its conflict of laws rules. The parties consent to the jurisdiction of all the courts in Manitoba, and agree that, except for requests for injunctive relief pursuant to Section 13.2, venue shall lie exclusively in Manitoba. THE PARTIES EXCLUDE IN ITS ENTIRETY THE APPLICATION TO THIS AGREEMENT OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS.

14.4 When any notice is required or authorized hereunder, such notice shall be given in writing by recognized delivery service or personal delivery addressed to the other party. Notices shall be sent to Licensee at the address set forth in the Purchase Order and to Librestream at Suite 110, 895 Waverley Street, Winnipeg, Manitoba, Canada R3T 5P4. Either party may change its address for notice hereunder by providing the other party with ten (10) days written notice thereof. Notices shall be effective upon receipt by the recipient.

14.5 The original of this Agreement has been written in the English language, and the governing language of this Agreement shall be English. Licensee hereby waives and agrees not to assert any right to have this Agreement written in the language of Licensee’s place of residence or that of any individual to whom Licensee has assigned a User Account.

14.6 A waiver of any default hereunder or of any of the terms or conditions of this Agreement shall not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition, but shall apply solely to the instance to which such waiver is directed. The exercise of any right or remedy provided in this Agreement shall be without prejudice to the right to exercise any other right or remedy provided at law or in equity.

14.7 In the event any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired, and a valid, legal and enforceable provision of similar intent and effect shall be substituted for such invalid, illegal or unenforceable provision.

14.8 This Agreement constitutes the entire agreement between the parties with respect to the license of the Software and the other subject matter of this Agreement, and supersedes and terminates all other prior and/or contemporaneous verbal and/or written agreements and understandings with respect thereto. No modifications to this Agreement shall be enforceable except when in writing and signed by an authorized signatory of the party to be bound thereby. Without limiting the generality of the foregoing, the terms and conditions of any purchase order or other document submitted by Licensee to Librestream or to any Librestream distributor or other representative shall not be binding on Librestream unless definitively accepted in writing by Librestream.

14.9 Licensee represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.

14.10 THIS AGREEMENT SHALL IMMEDIATELY AND AUTOMATICALLY BE EFFECTIVE AND ENFORCEABLE UPON ANY DOWNLOADING OF ANY OF THE SOFTWARE, ANY INSTALLATION OF ANY OF THE SOFTWARE ON ANY COMPUTING DEVICE, OR ANY USE OF ANY OF THE SOFTWARE (INCLUDING, FOR GREATER CERTAINTY, RUNNING ANY OF THE SOFTWARE IN ANY VIRTUAL ENVIRONMENT) OR ANY LIBRESTREAM PRODUCT. It shall not be a requirement to the effectiveness and enforceability of this Agreement that any Licensee or Librestream execute this Agreement.

 

 

 

 

SCHEDULE A – LIBRESTREAM SOFTWARE AND LIBRESTREAM NOTICES

Some or all of the following apply, depending on the Librestream product in use:

Name of Librestream Software, any or all of the following: Onsight Management Suite, Onsight Connect for iOS, Onsight Connect for Librestream Devices, Onsight Connect for Windows, Onsight Connect for Android

Copyright Notice: Copyright 2007–2017 Librestream Technologies Incorporated. All Rights Reserved.

Patents Notice: United States Patent # 7,221,386 together with additional patents pending in Canada, the United States and other countries, all of which are in the name of Librestream Technologies Inc.

Trademark Notice: Librestream, the Librestream logo, Onsight, Onsight Expert, Onsight Mobile, Onsight Connect, Onsight Embedded, Onsight Enterprise, Onsight Account Manager, Onsight Platform Manager, Onsight Teamlink, and Onsight Management Suite are either registered trademarks or trademarks of Librestream Technologies Incorporated in Canada, the United States and/or other countries.  All other trademarks are the property of their respective owners.

 

SCHEDULE B – THIRD PARTY SOFTWARE AND THIRD PARTY LICENSOR NOTICES

Some or all of the following apply, depending on the Librestream product in use:

 

  1. Third Party Software – LIVE MEDIA

Third Party Licensor – Live Networks, Inc.

Live Networks Inc.:

Copyright © 1996-2005, Live Networks, Inc.  All rights reserved

 

This library is free software; you can redistribute it and/or modify it under the terms of the GNU Lesser General Public License as published by the Free Software Foundation; either version 2.1 of the License, or (at your option) any later version. (See <http://www.gnu.org/copyleft/lesser.html>.)

This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU Lesser General Public License for more details.

 

  1. Third Party Software – MPEG-4 Visual Patent Portfolio

Third Party Licensor – MPEG LA, L.L.C.

Notices:

THIS PRODUCT IS LICENSED UNDER THE MPEG-4 VISUAL PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER FOR (i) ENCODING VIDEO IN COMPLIANCE WITH THE MPEG-4 VISUAL STANDARD (“MPEG-4 VIDEO”) AND/OR (ii) DECODING MPEG-4 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED BY MPEG LA TO PROVIDE MPEG-4 VIDEO.  NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE.  ADDITIONAL INFORMATION INCLUDING THAT RELATING TO PROMOTIONAL, INTERNAL AND COMMERCIAL USES AND LICENSING MAY BE OBTAINED FROM MPEG LA, LLC.  SEE HTTP://WWW.MPEGLA.COM.

 

  1. Third Party Software – AVC Patent Portfolio

Third Party Licensor – MPEG LA, L.L.C.

Notices:

THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL USE OF A CONSUMER OR OTHER USES IN WHICH IT DOES NOT RECEIVE REMUNERATION TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM.

 

  1. Third Party Software – OpenTK

Third Party Licensor – The Open Toolkit Library

 

Copyright © 2006 – 2009 The Open Toolkit library.

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

 

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

 

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

 

The Open Toolkit library includes portions of the Mono class library, which are covered by the following license:

Copyright © 2004 Novell, Inc.

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

 

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

 

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

 

Half-to-Single and Single-to-Half conversions are covered by the following license:

Copyright © 2002, Industrial Light & Magic, a division of Lucas Digital Ltd. LLC. All rights reserved.

 

See Note 1.

 

Neither the name of Industrial Light & Magic nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

 

  1. Meeting Services Powered by Cisco WebEx Technology.

 

  1. Third Party Software – Discovery Icon Theme

Third Party Licensor – Hylke Bons

 

Several of the icons and images are from the Discovery Icon Theme, Copyright © 2008-2010 Hylke Bons, which can be found at:

 

http://hbons.deviantart.com/art/Discovery-Icon-Theme-77399781/

 

This software is licensed under the Creative Commons Attribution-ShareAlike 3.0 Unported license, which can be found at:

 

http://creativecommons.org/licenses/by-sa/3.0/

 

  1. Third Party Software – FatCow Hosting Icons

Third Party Licensor – FatCow Web Hosting

 

Several of the icons and images are from FatCow Hosting Icons, Copyright © 2009-2010 FatCow Web Hosting, which can be found at:

 

http://www.fatcow.com/free-icons/

 

This software is licensed under the Creative Commons Attribution 3.0 United States license, which can be found at:

 

http://creativecommons.org/licenses/by/3.0/us/

 

  1. Third Party Software – VisualPharm Must Have Icons

Third Party Licensor – VisualPharm

 

Several of the icons and images are from VisualPharm Must Have Icons, Copyright © 2002-2010 VisualPharm, which can be found at:

 

http://www.visualpharm.com/must_have_icon_set/

 

This software is licensed under the Creative Commons Attribution-NoDerivs 3.0 Unported license, which can be found at:

 

http://creativecommons.org/licenses/by-nd/3.0/

 

  1. Third Party Software – Aha-Soft Icons and Images

Third Party Licensor – Aha-Soft

 

Several of the icons and images are from the Aha-Soft free icon sets, Copyright © 2005-2010 Aha-Soft, which can be found at:

 

http://www.small-icons.com/packs/16×16-free-application-icons.htm

http://www.small-icons.com/packs/24×24-free-application-icons.htm

 

This software is licensed under the Creative Commons Attribution-ShareAlike 3.0 Unported license, which can be found at:

 

http://creativecommons.org/licenses/by-sa/3.0/

 

  1. Third Party Software – Fugue Icons

Third Party Licensor – Yusuke Kamiyamane

 

Several of the icons and images are from the Fugue icon set, Copyright © 2010 Yusuke Kamiyamane, which can be found at:

 

http://p.yusukekamiyamane.com/

 

This software is licensed under the Creative Commons Attribution 3.0 Unported license, which can be found at:

 

http://creativecommons.org/licenses/by/3.0/

 

  1. Third Party Software – WebRTC

Third Party Licensor – Google Inc.

 

Copyright © 2011, Google Inc. All rights reserved.

 

See Note 1.

 

Neither the name of Google nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

 

  1. Third Party Software – OpenSSL

Third Party Licensor – The OpenSSL Project

 

Copyright © 1998-2008 The OpenSSL Project.  All rights reserved.

This product includes software developed by the OpenSSL Project for

use in the OpenSSL Toolkit (http://www.openssl.org/).

 

/* ====================================================================

* Copyright © 1998-2008 The OpenSSL Project.  All rights reserved.

*

* Redistribution and use in source and binary forms, with or without

* modification, are permitted provided that the following conditions

* are met:

*

* 1. Redistributions of source code must retain the above copyright

*    notice, this list of conditions and the following disclaimer.

*

* 2. Redistributions in binary form must reproduce the above copyright

*    notice, this list of conditions and the following disclaimer in

*    the documentation and/or other materials provided with the

*    distribution.

*

* 3. All advertising materials mentioning features or use of this

*    software must display the following acknowledgment:

*    “This product includes software developed by the OpenSSL Project

*    for use in the OpenSSL Toolkit. (http://www.openssl.org/)”

*

* 4. The names “OpenSSL Toolkit” and “OpenSSL Project” must not be used to

*    endorse or promote products derived from this software without

*    prior written permission. For written permission, please contact

*    openssl-core@openssl.org.

*

* 5. Products derived from this software may not be called “OpenSSL”

*    nor may “OpenSSL” appear in their names without prior written

*    permission of the OpenSSL Project.

*

* 6. Redistributions of any form whatsoever must retain the following

*    acknowledgment:

*    “This product includes software developed by the OpenSSL Project

*    for use in the OpenSSL Toolkit (http://www.openssl.org/)”

*

* THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT “AS IS” AND ANY

* EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE

* IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR

* PURPOSE ARE DISCLAIMED.  IN NO EVENT SHALL THE OpenSSL PROJECT OR

* ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,

* SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT

* NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;

* LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)

* HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,

* STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)

* ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED

* OF THE POSSIBILITY OF SUCH DAMAGE.

* ====================================================================

*

* This product includes cryptographic software written by Eric Young

* (eay@cryptsoft.com).  This product includes software written by Tim

* Hudson (tjh@cryptsoft.com).

*

*/

 

  1. Third Party Software – SSLeay

Third Party Licensor – Eric Young

 

Copyright © 1995-1998 Eric Young (eay@cryptsoft.com).  All rights reserved.

This product includes software written by Tim Hudson (tjh@cryptsoft.com).

 

/* Copyright © 1995-1998 Eric Young (eay@cryptsoft.com)

* All rights reserved.

*

* This package is an SSL implementation written

* by Eric Young (eay@cryptsoft.com).

*

* Redistribution and use in source and binary forms, with or without

* modification, are permitted provided that the following conditions

* are met:

* 1. Redistributions of source code must retain the copyright

*    notice, this list of conditions and the following disclaimer.

* 2. Redistributions in binary form must reproduce the above copyright

*    notice, this list of conditions and the following disclaimer in the

*    documentation and/or other materials provided with the distribution.

* 3. All advertising materials mentioning features or use of this software

*    must display the following acknowledgement:

*    “This product includes cryptographic software written by

*     Eric Young (eay@cryptsoft.com)”

*    The word ‘cryptographic’ can be left out if the routines from the library

*    being used are not cryptographic related :-).

* 4. If you include any Windows specific code (or a derivative thereof) from

*    the apps directory (application code) you must include an acknowledgement:

*    “This product includes software written by Tim Hudson (tjh@cryptsoft.com)”

*

* THIS SOFTWARE IS PROVIDED BY ERIC YOUNG “AS IS” AND

* ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE

* IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE

* ARE DISCLAIMED.  IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE

* FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL

* DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS

* OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)

* HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT

* LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY

* OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF

* SUCH DAMAGE.

** The licence and distribution terms for any publically available version or* derivative of this code cannot be changed.  i.e. this code cannot simply be* copied and put under another distribution licence* [including the GNU Public Licence.]

*/

 

  1. Third Party Software – Vera Font

Third Party Licensor – Bitstream Inc.

 

Copyright (c) 2003 by Bitstream, Inc. All Rights Reserved. Bitstream Vera is a trademark of Bitstream, Inc.

 

Permission is hereby granted, free of charge, to any person obtaining a copy of the fonts accompanying this license (“Fonts”) and associated documentation files (the “Font Software”), to reproduce and distribute the Font Software, including without limitation the rights to use, copy, merge, publish, distribute, and/or sell copies of the Font Software, and to permit persons to whom the Font Software is furnished to do so, subject to the following conditions:

 

The above copyright and trademark notices and this permission notice shall be included in all copies of one or more of the Font Software typefaces.

 

The Font Software may be modified, altered, or added to, and in particular the designs of glyphs or characters in the Fonts may be modified and additional glyphs or characters may be added to the Fonts, only if the fonts are renamed to names not containing either the words “Bitstream” or the word “Vera”.

 

This License becomes null and void to the extent applicable to Fonts or Font Software that has been modified and is distributed under the “Bitstream Vera” names.

 

The Font Software may be sold as part of a larger software package but no copy of one or more of the Font Software typefaces may be sold by itself.

 

THE FONT SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL BITSTREAM OR THE GNOME FOUNDATION BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF THE USE OR  INABILITY TO USE THE FONT SOFTWARE OR FROM OTHER DEALINGS IN THE FONT SOFTWARE.

 

Except as contained in this notice, the names of Gnome, the Gnome Foundation, and Bitstream Inc., shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Font Software without prior written authorization from the Gnome Foundation or Bitstream Inc., respectively. For further information, contact: fonts at gnome dot org.

 

  1. Third Party Software – Arev Font

Third Party Licensor – Tavmjong Bah

 

Copyright (c) 2006 by Tavmjong Bah. All Rights Reserved.

 

Permission is hereby granted, free of charge, to any person obtaining a copy of the fonts accompanying this license (“Fonts”) and associated documentation files (the “Font Software”), to reproduce and distribute the modifications to the Bitstream Vera Font Software, including without limitation the rights to use, copy, merge, publish, distribute, and/or sell copies of the Font Software, and to permit persons to whom the Font Software is furnished to do so, subject to the following conditions:

The above copyright and trademark notices and this permission notice shall be included in all copies of one or more of the Font Software typefaces.

The Font Software may be modified, altered, or added to, and in particular the designs of glyphs or characters in the Fonts may be modified and additional glyphs or characters may be added to the Fonts, only if the fonts are renamed to names not containing either the words “Tavmjong Bah” or the word “Arev”.

This License becomes null and void to the extent applicable to Fonts or Font Software that has been modified and is distributed under the “Tavmjong Bah Arev” names.

The Font Software may be sold as part of a larger software package but no copy of one or more of the Font Software typefaces may be sold by itself.

THE FONT SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL TAVMJONG BAH BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM OTHER DEALINGS IN THE FONT SOFTWARE.

Except as contained in this notice, the name of Tavmjong Bah shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Font Software without prior written authorization from Tavmjong Bah. For further information, contact: tavmjong @ free . fr.

 

  1. Third Party Software – NAudio

Third Party Licensor – Mark Heath

 

Copyright 2001-2014 Mark Heath

 

 

  1. Third Party Software – DAS BOOT

Third Party Licensor – U-Boot

 

#

# © Copyright 2000 – 2004

# Wolfgang Denk, DENX Software Engineering, wd@denx.de.

#

# This program is free software; you can redistribute it and/or

# modify it under the terms of the GNU General Public License as

# published by the Free Software Foundation; either version 2 of

# the License, or (at your option) any later version.

#

# This program is distributed in the hope that it will be useful,

# but WITHOUT ANY WARRANTY; without even the implied warranty of

# MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.     See the

# GNU General Public License for more details.

#

 

  1. Third Party Software – Alchemy AU1200 BSP

Third Party Licensor – Raza Microelectronics, Inc.

 

Copyright © Raza Microelectronics Inc.  All rights reserved.  Alchemy and Au1200 are trademarks of Raza Microelectronics Inc.

 

The following notice is required regarding the MPEG-4 MAE enabled codec:

 

This software module was originally developed by Microsoft Corporation and also edited by multiple parties in the course of development of the MPEG-4 Video (ISO/IEC 14496-2). This software module is an implementation of a part of one or more MPEG-4 Video tools as specified by MPEG-4 Video. ISO/IEC gives users of MPEG-4 Video free license to this software module or modifications thereof for use in hardware or software products claiming conformance to the MPEG-4 Video. Those intending to use this software module in hardware or software products are advised that its use may infringe existing patents. The current developer of this software module and his/her company, the subsequent editors and their companies, and ISO/IEC, have no liability for use of this software module or modifications thereof in an implementation. Copyright is not released for non MPEG-4 Video conforming products. Microsoft Corporation and the other originators of this software retain full right to use the code for their own purpose, assign or donate the code to a third party and to inhibit third parties from using the code for non ISO/IEC 14496 conforming products. This copyright notice must be included in all copies or derivative works.

 

  1. Third Party Software – wpa supplicant

Third Party Licensor – Jouni Malinen and contributors

 

Copyright © 2002-2007, Jouni Malinen <j@w1.fi> and contributors. All Rights Reserved.

 

This software is distributed, used, and modified under the terms of BSD license:

 

See Note 1.

 

  1. Third Party Software – wcecompat

Third Party Licensor – Essemer Pty Ltd.

 

/*  wcecompat: Windows CE C Runtime Library “compatibility” library.

*

*  Copyright © 2001-2002 Essemer Pty Ltd.  All rights reserved.

*  http://www.essemer.com.au/

*

*  This library is free software; you can redistribute it and/or

*  modify it under the terms of the GNU Lesser General Public

*  License as published by the Free Software Foundation; either

*  version 2.1 of the License, or (at your option) any later version.

*

*  This library is distributed in the hope that it will be useful,

*  but WITHOUT ANY WARRANTY; without even the implied warranty of

*  MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU

*  Lesser General Public License for more details.

 

  1. Third Party Software – FreeType

 

(C) 2006-2014 The FreeType Project (http://www.freetype.org). All rights reserved.

 

  1. Third Party Software – JPEGEncodesoftware

Third Party Licensor – Android Open Source Project.

Copyright (C) 2008, Android Open Source Project

 

Licensed under the Apache License, Version 2.0 (the “License”);

You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0

 

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

 

Copyright 2009-2012 Freescale Semiconductor, Inc.

 

Copyright 2014-2015 Librestream Technologies, Inc.

Modified for standalone use outside of the camera HAL.

 

  1. Third Party Software – iMX6 IPU Driver API

Third Party Licensor – Freescale Semiconductor, Inc.

Copyright © 2005-2012 Freescale Seminconductor, Inc.

 

This library is free software; you can redistribute it and/or modify it under the terms of the GNU Lesser General Public License as published by the Free Software Foundation; either version 2.1 of the License, or (at your option) any later version. (See <http://www.gnu.org/copyleft/lesser.html>.)

 

This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU Lesser General Public License for more details.

 

  1. Third Party Software – iMX6 BSP

Third Party Licensor – Freescale Semiconductor Inc.

Copyright © Freescale Seminconductor, Inc.

 

  1. Third Party Software – V4L2, Video for Linux Two

Third Party Licensor – Bill Dirks, Justin Schoeman, Hans Verkuil, et al..

Copyright © 1999-2007 the contributors.

 

See Note 1.

 

  1. Third Party Software – Embedded High Speed Electrical Testharness (EHSET) Drive

Third Party Licensor – Linux Foundation

Copyright © 2010-2013, The Linux Foundation, All rights reserved.

 

This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License version 2 and only version 2 as published by the Free Software Foundation.

 

This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.

 

  1. Third Party Software – TLV320AI325x Audio Codec Driver

Third Party Licensor – Texas Instruments Inc.

Copyright © 2011 Texas Instruments, Inc.

 

This package is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License version 2 as published by the Free Software Foundation.

 

THIS PACKAGE IS PROVIDED “AS IS” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

  1. Third Party Software – Iperf

Third Party Licensor – Copyright © 2009-2014, The Regents of the University of California, through Lawrence Berkeley National Laboratory, Dave Gamble, Russ Cox, Rob Pike, Sape Mullender, The Board of Trustees of the University of Illinois, Mark Gates, Ajay Tirumalla.

 

See Note 1.

 

Neither the name of the University of California, Lawrence Berkeley National Laboratory, U.S. Dept. of Energy nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

 

You are under no obligation whatsoever to provide any bug fixes, patches, or upgrades to the features, functionality or performance of the source code (“Enhancements”) to anyone; however, if you choose to make your Enhancements available either publicly, or directly to Lawrence Berkeley National Laboratory, without imposing a separate written license agreement for such Enhancements, then you hereby grant the following license: a  non-exclusive, royalty-free perpetual license to install, use, modify, prepare derivative works, incorporate into other computer software, distribute, and sublicense such enhancements or derivative works thereof, in binary and source code form.

 

  1. Third Party Software – Google Fonts – Roboto

Third Party Licensor – Google Inc.

 

Licensed under the Apache License, Version 2.0 (the “License”);

You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0

 

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

 

  1. Third Party Software – Amazon CA Root Certificates

Third Party Licensor – Amazon Trust Services LLC

Copyright 2016 Amazon Trust Services LLC

 

Licensed under the Creative Commons Attribution-NoDerivatives 4.0 International Public License (“Public License”) which can be found here:

 

https://creativecommons.org/licenses/by-nd/4.0/legalcode

 

  1. Third Party Software – NLog

Third Party Licensor – Jaroslaw Kowalski <jaak@jkowalski.net>, Kim Christensen, Julian Verdurmen

Copyright (c) 2004-2016 Jaroslaw Kowalski <jaak@jkowalski.net>, Kim Christensen, Julian Verdurmen

 

Neither the name of Jaroslaw Kowalski nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

 

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS”

AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE

IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE

ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE

LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR

CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF

SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS

INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN

CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)

ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF

THE POSSIBILITY OF SUCH DAMAGE.

 

  1. Third Party Software – WiLink8 WiFi Driver

Third Party Licensor – Texas Instruments Inc.

Copyright (C) 2011 Texas Instruments Inc.

 

This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License version 2 as published by the Free Software Foundation. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU General Public License for more details.

 

  1. Third Party Software – WiLink8 Bluetooth Driver

Third Party Licensor – Texas Instruments Inc.

Copyright (C) 2009-2010 Texas Instruments

Authors: Raja Mani <raja_mani@ti.com>, Pavan Savoy <pavan_savoy@ti.com>

 

This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License version 2 as published by the Free Software Foundation. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU General Public License for more details.

 

  1. Third Party Software – GPU Driver

Third Party Licensor – Vivante Corporation

Copyright (c) 2014 – 2015 Vivante Corporation

 

This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License version 2 as published by the Free Software Foundation. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU General Public License for more details.

 

  1. Third Party Software – VL53L0 ToF Driver

Third Party Licensor – STMicroelectronics Imaging Division

Copyright (C) 2016 STMicroelectronics Imaging Division

 

This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License version 2 as published by the Free Software Foundation. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU General Public License for more details.

 

  1. Third Party Software – TrueTouch Driver

Third Party Licensor – Cypress Semiconductor Inc.

Copyright (C) 2012-2013 Cypress Semiconductor

 

This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License version 2 as published by the Free Software Foundation. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU General Public License for more details.

 

 

  1. Third Party Software – TLV320AIC31 Driver

Third Party Licensor – Texas Instruments Inc.

Copyright (c) 2006 Hisilicon Co., Ltd.

 

This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License version 2 as published by the Free Software Foundation. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU General Public License for more details.

 

  1. Third Party Software – GPS Driver

Third Party Licensor – u-blox Inc.

Copyright (C) u-blox AG Thalwil, Switzerland All rights reserved.

 

Permission to use, copy, modify, and distribute this software for any purpose without fee is hereby granted, provided that this entire notice is included in all copies of any software which is or includes a copy or modification of this software and in all copies of the supporting documentation for such software.

 

THIS SOFTWARE IS BEING PROVIDED “AS IS”, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY. IN PARTICULAR, NEITHER THE AUTHOR NOR U-BLOX MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND CONCERNING THE MERCHANTABILITY OF THIS SOFTWARE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.

 

  1. Third Party Software – MMA8451 Motion Detection Sensor Driver

Third Party Licensor – Freescale Semiconductor, Inc.

Copyright (C) 2012-2014 Freescale Semiconductor, Inc. All Rights Reserved.

 

This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License version 2 as published by the Free Software Foundation. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU General Public License for more details.

 

  1. Third Party Software – ISL29023 Ambient Light Sensor Driver

Third Party Licensor – Freescale Semiconductor, Inc.

Copyright (C) 2011-2014 Freescale Semiconductor, Inc. All Rights Reserved.

 

This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License version 2 as published by the Free Software Foundation. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU General Public License for more details.

 

  1. Third Party Software – LM3648 Photo Flash Driver

Third Party Licensor – Texas Instruments Inc.

Copyright (C) 2015 Texas Instruments, Contact: Daniel Jeong <gshark.jeong@gmail.com>

 

This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License version 2 as published by the Free Software Foundation. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU General Public License for more details.

 

  1. GCC

Third Party Licensor – Free Software Foundation, Inc.

Copyright (C) 2006-2013 Free Software Foundation, Inc. Contributed by CodeSourcery.

 

GCC is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 3, or (at your  option) any later version.

 

GCC is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU General Public License for more details.

 

Under Section 7 of GPL version 3, you are granted additional permissions described in the GCC Runtime Library Exception, version

3.1, as published by the Free Software Foundation.

 

  1. Third Party Software – iAP2D

Third Party Licensor – Apple, Inc.

 

Disclaimer: IMPORTANT: This Apple software is supplied to you, by Apple Inc. (“Apple”), in your capacity as a current, and in good standing, Licensee in the MFi Licensing Program. Use of this Apple software is governed by and subject to the terms and conditions of your MFi License, including, but not limited to, the restrictions specified in the provision entitled “Public Software”, and is further subject to your agreement to the following additional terms, and your agreement that the use, installation, modification or redistribution of this Apple software constitutes acceptance of these additional terms. If you do not agree with these additional terms, please do not use, install, modify or redistribute this Apple software.

 

In consideration of your agreement to abide by the following terms, and subject to these terms, Apple grants you a personal, non-exclusive license, under Apple’s copyrights in this original Apple software (the Apple Software”), to use, reproduce, and modify the Apple Software in source form, and to use, reproduce, modify, and redistribute the Apple Software, with or without modifications, in binary form. While you may not redistribute the Apple Software in source form, should you redistribute the Apple Software in binary form, in its entirety and without modifications, you must retain this notice and the following text and disclaimers in all such redistributions of the Apple Software. Neither the name, trademarks, service marks, or logos of Apple Inc. may be used to endorse or promote products derived from the Apple Software without specific prior written permission from Apple. Except as expressly stated in this notice, no other rights or licenses, express or implied, are granted by Apple herein, including but not limited to any patent rights that may be infringed by your derivative works or by other works in which the Apple Software may be incorporated.

 

The Apple Software is provided by Apple on an “AS IS” basis. APPLE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE APPLE SOFTWARE OR ITS USE AND OPERATION ALONE OR IN COMBINATION WITH YOUR PRODUCTS.

 

IN NO EVENT SHALL APPLE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) ARISING IN ANY WAY OUT OF THE USE, REPRODUCTION, MODIFICATION AND/OR DISTRIBUTION OF THE APPLE SOFTWARE, HOWEVER CAUSED AND WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

Copyright (C) 2012 Apple Inc. All Rights Reserved.

 

  1. Third Party Software – Android Open Source Project (AOSP)

 

This product contains a modified version of the Android Open Source Project and is used under Apache License version 2.01.

 

1 Apache License

 

Apache License

Version 2.0, January 2004

http://www.apache.org/licenses/

 

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

 

  1. Definitions.

 

“License” shall mean the terms and conditions for use, reproduction,

and distribution as defined by Sections 1 through 9 of this document.

 

“Licensor” shall mean the copyright owner or entity authorized by

the copyright owner that is granting the License.

 

“Legal Entity” shall mean the union of the acting entity and all

other entities that control, are controlled by, or are under common

control with that entity. For the purposes of this definition,

“control” means (i) the power, direct or indirect, to cause the

direction or management of such entity, whether by contract or

otherwise, or (ii) ownership of fifty percent (50%) or more of the

outstanding shares, or (iii) beneficial ownership of such entity.

 

“You” (or “Your”) shall mean an individual or Legal Entity

exercising permissions granted by this License.

 

“Source” form shall mean the preferred form for making modifications,

including but not limited to software source code, documentation

source, and configuration files.

 

“Object” form shall mean any form resulting from mechanical

transformation or translation of a Source form, including but

not limited to compiled object code, generated documentation,

and conversions to other media types.

 

“Work” shall mean the work of authorship, whether in Source or

Object form, made available under the License, as indicated by a

copyright notice that is included in or attached to the work

(an example is provided in the Appendix below).

 

“Derivative Works” shall mean any work, whether in Source or Object

form, that is based on (or derived from) the Work and for which the

editorial revisions, annotations, elaborations, or other modifications

represent, as a whole, an original work of authorship. For the purposes

of this License, Derivative Works shall not include works that remain

separable from, or merely link (or bind by name) to the interfaces of,

the Work and Derivative Works thereof.

 

“Contribution” shall mean any work of authorship, including

the original version of the Work and any modifications or additions

to that Work or Derivative Works thereof, that is intentionally

submitted to Licensor for inclusion in the Work by the copyright owner

or by an individual or Legal Entity authorized to submit on behalf of

the copyright owner. For the purposes of this definition, “submitted”

means any form of electronic, verbal, or written communication sent

to the Licensor or its representatives, including but not limited to

communication on electronic mailing lists, source code control systems,

and issue tracking systems that are managed by, or on behalf of, the

Licensor for the purpose of discussing and improving the Work, but

excluding communication that is conspicuously marked or otherwise

designated in writing by the copyright owner as “Not a Contribution.”

 

“Contributor” shall mean Licensor and any individual or Legal Entity

on behalf of whom a Contribution has been received by Licensor and

subsequently incorporated within the Work.

 

  1. Grant of Copyright License. Subject to the terms and conditions of

this License, each Contributor hereby grants to You a perpetual,

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where such license applies only to those patent claims licensable

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  1. Redistribution. You may reproduce and distribute copies of the

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(d) If the Work includes a “NOTICE” text file as part of its

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You may add Your own copyright statement to Your modifications and

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  1. Submission of Contributions. Unless You explicitly state otherwise,

any Contribution intentionally submitted for inclusion in the Work

by You to the Licensor shall be under the terms and conditions of

this License, without any additional terms or conditions.

Notwithstanding the above, nothing herein shall supersede or modify

the terms of any separate license agreement you may have executed

with Licensor regarding such Contributions.

 

  1. Trademarks. This License does not grant permission to use the trade

names, trademarks, service marks, or product names of the Licensor,

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  1. Disclaimer of Warranty. Unless required by applicable law or

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  1. Limitation of Liability. In no event and under no legal theory,

whether in tort (including negligence), contract, or otherwise,

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liable to You for damages, including any direct, indirect, special,

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work stoppage, computer failure or malfunction, or any and all

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  1. Accepting Warranty or Additional Liability. While redistributing

the Work or Derivative Works thereof, You may choose to offer,

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END OF TERMS AND CONDITIONS

 

NOTE 1:

 

Redistribution and use in source and binary forms, with or without

modification, are permitted provided that the following conditions

are met:

  1. Redistributions of source code must retain the applicable copyright

notice, this list of conditions and the following disclaimer.

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notice, this list of conditions and the following disclaimer in the

documentation and/or other materials provided with the distribution.

  1. Neither the name of the project nor the names of its contributors

may be used to endorse or promote products derived from this software

without specific prior written permission.

 

THIS SOFTWARE IS PROVIDED BY THE PROJECT AND CONTRIBUTORS “AS IS” AND

ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE

IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE

ARE DISCLAIMED.  IN NO EVENT SHALL THE PROJECT OR CONTRIBUTORS BE LIABLE

FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL

DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS

OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)

HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT

LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY

OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF

SUCH DAMAGE.

 

2 GNU Public License

 

GNU GENERAL PUBLIC LICENSE

Version 2, June 1991

 

Copyright (C) 1989, 1991 Free Software Foundation, Inc.

59 Temple Place, Suite 330, Boston, MA  02111-1307  USA

Everyone is permitted to copy and distribute verbatim copies

of this license document, but changing it is not allowed.

 

Preamble

 

The licenses for most software are designed to take away your

freedom to share and change it.  By contrast, the GNU General Public

License is intended to guarantee your freedom to share and change free

software–to make sure the software is free for all its users.  This

General Public License applies to most of the Free Software

Foundation’s software and to any other program whose authors commit to

using it.  (Some other Free Software Foundation software is covered by

the GNU Library General Public License instead.)  You can apply it to

your programs, too.

 

When we speak of free software, we are referring to freedom, not

price.  Our General Public Licenses are designed to make sure that you

have the freedom to distribute copies of free software (and charge for

this service if you wish), that you receive source code or can get it

if you want it, that you can change the software or use pieces of it

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To protect your rights, we need to make restrictions that forbid

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These restrictions translate to certain responsibilities for you if you

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source code.  And you must show them these terms so they know their

rights.

 

We protect your rights with two steps: (1) copyright the software, and

(2) offer you this license which gives you legal permission to copy,

distribute and/or modify the software.

 

Also, for each author’s protection and ours, we want to make certain

that everyone understands that there is no warranty for this free

software.  If the software is modified by someone else and passed on, we

want its recipients to know that what they have is not the original, so

that any problems introduced by others will not reflect on the original

authors’ reputations.

 

Finally, any free program is threatened constantly by software

patents.  We wish to avoid the danger that redistributors of a free

program will individually obtain patent licenses, in effect making the

program proprietary.  To prevent this, we have made it clear that any

patent must be licensed for everyone’s free use or not licensed at all.

 

The precise terms and conditions for copying, distribution and

modification follow.

 

GNU GENERAL PUBLIC LICENSE

TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

 

Copies of the GNU Public License can also be obtained by writing to the Free Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA  02111-1307 USA

 

In accordance with section (4) of the GNU General Public License, copies of modified source code licensed under GPL and Librestream modified version of said code will be provided upon request from Librestream.  To obtain the source code on a CD, please send USD$10 for shipping and handling to:

 

Customer Services

Librestream Technologies Inc.

Suite 110, 895 Waverley Street

Winnipeg, Manitoba

Canada R3T 5P4

 

  1. This License applies to any program or other work which contains

a notice placed by the copyright holder saying it may be distributed

under the terms of this General Public License.  The “Program”, below,

refers to any such program or work, and a “work based on the Program”

means either the Program or any derivative work under copyright law:

that is to say, a work containing the Program or a portion of it,

either verbatim or with modifications and/or translated into another

language.  (Hereinafter, translation is included without limitation in

the term “modification”.)  Each licensee is addressed as “you”.

 

Activities other than copying, distribution and modification are not

covered by this License; they are outside its scope.  The act of

running the Program is not restricted, and the output from the Program

is covered only if its contents constitute a work based on the

Program (independent of having been made by running the Program).

Whether that is true depends on what the Program does.

 

  1. You may copy and distribute verbatim copies of the Program’s

source code as you receive it, in any medium, provided that you

conspicuously and appropriately publish on each copy an appropriate

copyright notice and disclaimer of warranty; keep intact all the

notices that refer to this License and to the absence of any warranty;

and give any other recipients of the Program a copy of this License

along with the Program.

 

You may charge a fee for the physical act of transferring a copy, and

you may at your option offer warranty protection in exchange for a fee.

 

  1. You may modify your copy or copies of the Program or any portion

of it, thus forming a work based on the Program, and copy and

distribute such modifications or work under the terms of Section 1

above, provided that you also meet all of these conditions:

 

  1. a) You must cause the modified files to carry prominent notices

stating that you changed the files and the date of any change.

 

  1. b) You must cause any work that you distribute or publish, that in

whole or in part contains or is derived from the Program or any

part thereof, to be licensed as a whole at no charge to all third

parties under the terms of this License.

 

  1. c) If the modified program normally reads commands interactively

when run, you must cause it, when started running for such

interactive use in the most ordinary way, to print or display an

announcement including an appropriate copyright notice and a

notice that there is no warranty (or else, saying that you provide

a warranty) and that users may redistribute the program under

these conditions, and telling the user how to view a copy of this

License.  (Exception: if the Program itself is interactive but

does not normally print such an announcement, your work based on

the Program is not required to print an announcement.)

 

These requirements apply to the modified work as a whole.  If

identifiable sections of that work are not derived from the Program,

and can be reasonably considered independent and separate works in

themselves, then this License, and its terms, do not apply to those

sections when you distribute them as separate works.  But when you

distribute the same sections as part of a whole which is a work based

on the Program, the distribution of the whole must be on the terms of

this License, whose permissions for other licensees extend to the

entire whole, and thus to each and every part regardless of who wrote it.

 

Thus, it is not the intent of this section to claim rights or contest

your rights to work written entirely by you; rather, the intent is to

exercise the right to control the distribution of derivative or

collective works based on the Program.

 

In addition, mere aggregation of another work not based on the Program

with the Program (or with a work based on the Program) on a volume of

a storage or distribution medium does not bring the other work under

the scope of this License.

 

  1. You may copy and distribute the Program (or a work based on it,

under Section 2) in object code or executable form under the terms of

Sections 1 and 2 above provided that you also do one of the following:

 

  1. a) Accompany it with the complete corresponding machine-readable

source code, which must be distributed under the terms of Sections

1 and 2 above on a medium customarily used for software interchange; or,

 

  1. b) Accompany it with a written offer, valid for at least three

years, to give any third party, for a charge no more than your

cost of physically performing source distribution, a complete

machine-readable copy of the corresponding source code, to be

distributed under the terms of Sections 1 and 2 above on a medium

customarily used for software interchange; or,

 

  1. c) Accompany it with the information you received as to the offer

to distribute corresponding source code.  (This alternative is

allowed only for noncommercial distribution and only if you

received the program in object code or executable form with such

an offer, in accord with Subsection b above.)

 

The source code for a work means the preferred form of the work for

making modifications to it.  For an executable work, complete source

code means all the source code for all modules it contains, plus any

associated interface definition files, plus the scripts used to

control compilation and installation of the executable.  However, as a

special exception, the source code distributed need not include

anything that is normally distributed (in either source or binary

form) with the major components (compiler, kernel, and so on) of the

operating system on which the executable runs, unless that component

itself accompanies the executable.

 

If distribution of executable or object code is made by offering

access to copy from a designated place, then offering equivalent

access to copy the source code from the same place counts as

distribution of the source code, even though third parties are not

compelled to copy the source along with the object code.

 

  1. You may not copy, modify, sublicense, or distribute the Program

except as expressly provided under this License.  Any attempt

otherwise to copy, modify, sublicense or distribute the Program is

void, and will automatically terminate your rights under this License.

However, parties who have received copies, or rights, from you under

this License will not have their licenses terminated so long as such

parties remain in full compliance.

 

  1. You are not required to accept this License, since you have not

signed it.  However, nothing else grants you permission to modify or

distribute the Program or its derivative works.  These actions are

prohibited by law if you do not accept this License.  Therefore, by

modifying or distributing the Program (or any work based on the

Program), you indicate your acceptance of this License to do so, and

all its terms and conditions for copying, distributing or modifying

the Program or works based on it.

 

  1. Each time you redistribute the Program (or any work based on the

Program), the recipient automatically receives a license from the

original licensor to copy, distribute or modify the Program 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 by third parties to

this License.

 

  1. If, as a consequence of a court judgment or allegation of patent

infringement or for any other reason (not limited to patent issues),

conditions are imposed on you (whether by court order, agreement or

otherwise) that contradict the conditions of this License, they do not

excuse you from the conditions of this License.  If you cannot

distribute so as to satisfy simultaneously your obligations under this

License and any other pertinent obligations, then as a consequence you

may not distribute the Program at all.  For example, if a patent

license would not permit royalty-free redistribution of the Program by

all those who receive copies directly or indirectly through you, then

the only way you could satisfy both it and this License would be to

refrain entirely from distribution of the Program.

 

If any portion of this section is held invalid or unenforceable under

any particular circumstance, the balance of the section is intended to

apply and the section as a whole is intended to apply in other

circumstances.

 

It is not the purpose of this section to induce you to infringe any

patents or other property right claims or to contest validity of any

such claims; this section has the sole purpose of protecting the

integrity of the free software distribution system, which is

implemented by public license practices.  Many people have made

generous contributions to the wide range of software distributed

through that system in reliance on consistent application of that

system; it is up to the author/donor to decide if he or she is willing

to distribute software through any other system and a licensee cannot

impose that choice.

 

This section is intended to make thoroughly clear what is believed to

be a consequence of the rest of this License.

 

  1. If the distribution and/or use of the Program is restricted in

certain countries either by patents or by copyrighted interfaces, the

original copyright holder who places the Program under this License

may add an explicit geographical distribution limitation excluding

those countries, so that distribution is permitted only in or among

countries not thus excluded.  In such case, this License incorporates

the limitation as if written in the body of this License.

 

  1. The Free Software Foundation may publish revised and/or new versions

of the General Public License from time to time.  Such new versions will

be similar in spirit to the present version, but may differ in detail to

address new problems or concerns.

 

Each version is given a distinguishing version number.  If the Program

specifies a version number of this License which applies to it and “any

later version”, you have the option of following the terms and conditions

either of that version or of any later version published by the Free

Software Foundation.  If the Program does not specify a version number of

this License, you may choose any version ever published by the Free Software

Foundation.

 

  1. If you wish to incorporate parts of the Program into other free

programs whose distribution conditions are different, write to the author

to ask for permission.  For software which is copyrighted by the Free

Software Foundation, write to the Free Software Foundation; we sometimes

make exceptions for this.  Our decision will be guided by the two goals

of preserving the free status of all derivatives of our free software and

of promoting the sharing and reuse of software generally.

 

NO WARRANTY

 

  1. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY

FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW.  EXCEPT WHEN

OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES

PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED

OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE ENTIRE RISK AS

TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU.  SHOULD THE

PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,

REPAIR OR CORRECTION.

 

  1. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING

WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR

REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,

INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING

OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED

TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY

YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER

PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES.

 

END OF TERMS AND CONDITIONS

 

How to Apply These Terms to Your New Programs

 

If you develop a new program, and you want it to be of the greatest

possible use to the public, the best way to achieve this is to make it

free software which everyone can redistribute and change under these terms.

 

To do so, attach the following notices to the program.  It is safest

to attach them to the start of each source file to most effectively

convey the exclusion of warranty; and each file should have at least

the “copyright” line and a pointer to where the full notice is found.

 

<one line to give the program’s name and a brief idea of what it does.>

Copyright (C) 19yy  <name of author>

 

This program is free software; you can redistribute it and/or modify

it under the terms of the GNU General Public License as published by

the Free Software Foundation; either version 2 of the License, or

(at your option) any later version.

 

This program is distributed in the hope that it will be useful,

but WITHOUT ANY WARRANTY; without even the implied warranty of

MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the

GNU General Public License for more details.

 

You should have received a copy of the GNU General Public License

along with this program; if not, write to the Free Software

Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA  02111-1307  USA

 

 

Also add information on how to contact you by electronic and paper mail.

 

If the program is interactive, make it output a short notice like this

when it starts in an interactive mode:

 

Gnomovision version 69, Copyright (C) 19yy name of author

Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w’.

This is free software, and you are welcome to redistribute it

under certain conditions; type `show c’ for details.

 

The hypothetical commands `show w’ and `show c’ should show the appropriate

parts of the General Public License.  Of course, the commands you use may

be called something other than `show w’ and `show c’; they could even be

mouse-clicks or menu items–whatever suits your program.

 

You should also get your employer (if you work as a programmer) or your

school, if any, to sign a “copyright disclaimer” for the program, if

necessary.  Here is a sample; alter the names:

 

Yoyodyne, Inc., hereby disclaims all copyright interest in the program

`Gnomovision’ (which makes passes at compilers) written by James Hacker.

 

<signature of Ty Coon>, 1 April 1989

Ty Coon, President of Vice

 

This General Public License does not permit incorporating your program into

proprietary programs.  If your program is a subroutine library, you may

consider it more useful to permit linking proprietary applications with the

library.  If this is what you want to do, use the GNU Library General

Public License instead of this License.

 

3 Academic Free License

 

The Academic Free License

  1. 2.1

 

This Academic Free License (the “License”) applies to any original work of authorship (the “Original Work”) whose owner (the “Licensor”) has placed the following notice immediately following the copyright notice for the Original Work:

 

Licensed under the Academic Free License version 2.1

 

1) Grant of Copyright License. Licensor hereby grants You a

world-wide, royalty-free, non-exclusive, perpetual, sublicenseable

license to do the following:

 

  1. a) to reproduce the Original Work in copies;

 

  1. b) to prepare derivative works (“Derivative Works”) based upon the Original Work;

 

  1. c) to distribute copies of the Original Work and Derivative Works to the public;

 

  1. d) to perform the Original Work publicly; and

 

  1. e) to display the Original Work publicly.

 

2) Grant of Patent License. Licensor hereby grants You a world-wide,

royalty-free, non-exclusive, perpetual, sublicenseable license, under

patent claims owned or controlled by the Licensor that are embodied in

the Original Work as furnished by the Licensor, to make, use, sell and

offer for sale the Original Work and Derivative Works.

 

3) Grant of Source Code License. The term “Source Code” means the

preferred form of the Original Work for making modifications to it and

all available documentation describing how to modify the Original

Work. Licensor hereby agrees to provide a machine-readable copy of the

Source Code of the Original Work along with each copy of the Original

Work that Licensor distributes. Licensor reserves the right to satisfy

this obligation by placing a machine-readable copy of the Source Code

in an information repository reasonably calculated to permit

inexpensive and convenient access by You for as long as Licensor

continues to distribute the Original Work, and by publishing the

address of that information repository in a notice immediately

following the copyright notice that applies to the Original Work.

 

4) Exclusions From License Grant. Neither the names of Licensor, nor

the names of any contributors to the Original Work, nor any of their

trademarks or service marks, may be used to endorse or promote

products derived from this Original Work without express prior written

permission of the Licensor. Nothing in this License shall be deemed to

grant any rights to trademarks, copyrights, patents, trade secrets or

any other intellectual property of Licensor except as expressly stated

herein. No patent license is granted to make, use, sell or offer to

sell embodiments of any patent claims other than the licensed claims

defined in Section 2. No right is granted to the trademarks of

Licensor even if such marks are included in the Original Work. Nothing

in this License shall be interpreted to prohibit Licensor from

licensing under different terms from this License any Original Work

that Licensor otherwise would have a right to license.

 

5) This section intentionally omitted.

 

6) Attribution Rights. You must retain, in the Source Code of any

Derivative Works that You create, all copyright, patent or trademark

notices from the Source Code of the Original Work, as well as any

notices of licensing and any descriptive text identified therein as an

“Attribution Notice.” You must cause the Source Code for any

Derivative Works that You create to carry a prominent Attribution

Notice reasonably calculated to inform recipients that You have

modified the Original Work.

 

7) Warranty of Provenance and Disclaimer of Warranty. Licensor

warrants that the copyright in and to the Original Work and the patent

rights granted herein by Licensor are owned by the Licensor or are

sublicensed to You under the terms of this License with the permission

of the contributor(s) of those copyrights and patent rights. Except as

expressly stated in the immediately proceeding sentence, the Original

Work is provided under this License on an “AS IS” BASIS and WITHOUT

WARRANTY, either express or implied, including, without limitation,

the warranties of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A

PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL

WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential

part of this License. No license to Original Work is granted hereunder

except under this disclaimer.

 

8) Limitation of Liability. Under no circumstances and under no legal

theory, whether in tort (including negligence), contract, or

otherwise, shall the Licensor be liable to any person for any direct,

indirect, special, incidental, or consequential damages of any

character arising as a result of this License or the use of the

Original Work including, without limitation, damages for loss of

goodwill, work stoppage, computer failure or malfunction, or any and

all other commercial damages or losses. This limitation of liability

shall not apply to liability for death or personal injury resulting

from Licensor’s negligence to the extent applicable law prohibits such

limitation. Some jurisdictions do not allow the exclusion or

limitation of incidental or consequential damages, so this exclusion

and limitation may not apply to You.

 

9) Acceptance and Termination. If You distribute copies of the

Original Work or a Derivative Work, You must make a reasonable effort

under the circumstances to obtain the express assent of recipients to

the terms of this License. Nothing else but this License (or another

written agreement between Licensor and You) grants You permission to

create Derivative Works based upon the Original Work or to exercise

any of the rights granted in Section 1 herein, and any attempt to do

so except under the terms of this License (or another written

agreement between Licensor and You) is expressly prohibited by

U.S. copyright law, the equivalent laws of other countries, and by

international treaty. Therefore, by exercising any of the rights

granted to You in Section 1 herein, You indicate Your acceptance of

this License and all of its terms and conditions.

 

10) Termination for Patent Action. This License shall terminate

automatically and You may no longer exercise any of the rights granted

to You by this License as of the date You commence an action,

including a cross-claim or counterclaim, against Licensor or any

licensee alleging that the Original Work infringes a patent. This

termination provision shall not apply for an action alleging patent

infringement by combinations of the Original Work with other software

or hardware.

 

11) Jurisdiction, Venue and Governing Law. Any action or suit relating

to this License may be brought only in the courts of a jurisdiction

wherein the Licensor resides or in which Licensor conducts its primary

business, and under the laws of that jurisdiction excluding its

conflict-of-law provisions. The application of the United Nations

Convention on Contracts for the International Sale of Goods is

expressly excluded. Any use of the Original Work outside the scope of

this License or after its termination shall be subject to the

requirements and penalties of the U.S. Copyright Act, 17 U.S.C. § 101

et seq., the equivalent laws of other countries, and international

treaty. This section shall survive the termination of this License.

 

12) Attorneys Fees. In any action to enforce the terms of this License

or seeking damages relating thereto, the prevailing party shall be

entitled to recover its costs and expenses, including, without

limitation, reasonable attorneys’ fees and costs incurred in

connection with such action, including any appeal of such action. This

section shall survive the termination of this License.

 

13) Miscellaneous. This License represents the complete agreement

concerning the subject matter hereof. If any provision of this License

is held to be unenforceable, such provision shall be reformed only to

the extent necessary to make it enforceable.

 

14) Definition of “You” in This License. “You” throughout this

License, whether in upper or lower case, means an individual or a

legal entity exercising rights under, and complying with all of the

terms of, this License. For legal entities, “You” includes any entity

that controls, is controlled by, or is under common control with

you. For purposes of this definition, “control” means (i) the power,

direct or indirect, to cause the direction or management of such

entity, whether by contract or otherwise, or (ii) ownership of fifty

percent (50%) or more of the outstanding shares, or (iii) beneficial

ownership of such entity.

 

15) Right to Use. You may use the Original Work in all ways not

otherwise restricted or conditioned by this License or by law, and

Licensor promises not to interfere with or be responsible for such

uses by You.

 

This license is Copyright (C) 2003-2004 Lawrence E. Rosen. All rights

reserved. Permission is hereby granted to copy and distribute this

license without modification. This license may not be modified without

the express written permission of its copyright owner.

 

 

END OF ACADEMIC FREE LICENSE. The following is intended to describe the essential

differences between the Academic Free License (AFL) version 1.0 and other

open source licenses:

 

The Academic Free License is similar to the BSD, MIT, UoI/NCSA and Apache

licenses in many respects but it is intended to solve a few problems with

those licenses.

 

* The AFL is written so as to make it clear what software is being

licensed (by the inclusion of a statement following the copyright notice

in the software). This way, the license functions better than a template

license. The BSD, MIT and UoI/NCSA licenses apply to unidentified software.

 

* The AFL contains a complete copyright grant to the software. The BSD

and Apache licenses are vague and incomplete in that respect.

 

* The AFL contains a complete patent grant to the software. The BSD, MIT,

UoI/NCSA and Apache licenses rely on an implied patent license and contain

no explicit patent grant.

 

* The AFL makes it clear that no trademark rights are granted to the

licensor’s trademarks. The Apache license contains such a provision, but the

BSD, MIT and UoI/NCSA licenses do not.

 

* The AFL includes the warranty by the licensor that it either owns the

copyright or that it is distributing the software under a license. None of

the other licenses contain that warranty. All other warranties are disclaimed,

as is the case for the other licenses.

 

* The AFL is itself copyrighted (with the right granted to copy and distribute

without modification). This ensures that the owner of the copyright to the

license will control changes. The Apache license contains a copyright notice,

but the BSD, MIT and UoI/NCSA licenses do not.

 

SCHEDULE C – ADDITIONALTERMS AND CONDITIONS

 

Applicable for Onsight Connect for iOS only:

 

C.1 Librestream and Licensee acknowledge that this End User License Agreement is concluded between Librestream and Licensee only, and not with Apple, and Librestream, not Apple, are solely responsible for the Licensed Application and the content thereof.

 

C.2 Librestream, not Apple, is responsible for providing any maintenance and support services with respect to the Software, as specified in the EULA, or as required under applicable law.  Licensee acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.

 

C.3 Further to warranty provisions of End User License Agreement, in the event of any failure of the Software to conform to any applicable warranty, the Licensee may notify Apple, and Apple will refund the purchase price for the Licensed Application to that Licensee and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application.

 

C.4 Librestream and Licensee acknowledge that Librestream, not Apple, is responsible for addressing any claims of Licensee or any third party relating to the Software or Licensee’s possession and/or use of the Software including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

 

C.5 Librestream and Licensee acknowledge that, in the event of any third party claim that the Software or Licensee’s possession and use of the Software infringes that third party’s intellectual property rights, Librestream, not Apple, will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

 

C.6 Librestream locations and contact information can be found on our website: www.librestream.com

 

C.7 Licensee acknowledges and agrees that when using the Software Licensee remains obligated to meet all third party terms of agreement applicable to their use of Apple products and services.

 

C.8 Librestream and Licensee acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this End User License Agreement, and that, upon the Licensee’s acceptance of the terms and conditions of the End User License Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the end-user as a third party beneficiary thereof.

C.6 Librestream locations and contact information can be found on our website: www.librestream.com

 

C.7 Licensee acknowledges and agrees that when using the Software Licensee remains obligated to meet all third party terms of agreement applicable to their use of Apple products and services.

 

C.8 Librestream and Licensee acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this End User License Agreement, and that, upon the Licensee’s acceptance of the terms and conditions of the End User License Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the end-user as a third party beneficiary thereof.