International License Agreement for Non-Warranted Programs Part 1 - General Terms PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE PROGRAM. IBM WILL LICENSE THE PROGRAM TO YOU ONLY IF YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT. BY USING THE PROGRAM YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE UNUSED PROGRAM TO THE PARTY (EITHER IBM OR ITS RESELLER) FROM WHOM YOU ACQUIRED IT TO RECEIVE A REFUND OF THE AMOUNT YOU PAID (IF ANY). The Program is copyrighted and licensed, not sold. The term "Program" means the original program and all whole or partial copies of it. A Program consists of machine-readable instructions, its components, data, audio-visual content (such as images, text, recordings, or pictures), and related licensed materials. This Agreement includes Part 1 - General Terms and Part 2 - Country-unique Terms and is the complete agreement regarding the use of this Program, and replaces any prior oral or written communications between you and IBM. The terms of Part 2 may replace or modify those of Part 1. 1. License Use of the Program IBM grants you a nonexclusive license to use the Program. You may 1) use the Program to the extent of authorizations you have acquired and 2) make and install copies to support the level of use authorized, providing you reproduce the copyright notice and any other legends of ownership on each copy, or partial copy, of the Program. If you acquire this Program as a program upgrade, your authorization to use the Program from which you upgraded is terminated. You will ensure that anyone who uses the Program does so only in compliance with the terms of this Agreement. You may not 1) use, copy, modify, or distribute the Program except as provided in this Agreement; 2) reverse assemble, reverse compile, or otherwise translate the Program except as specifically permitted by law without the possibility of contractual waiver; or 3) sublicense, rent, or lease the Program. Transfer of Rights and Obligations You may transfer all your license rights and obligations under a Proof of Entitlement for the Program to another party by transferring the Proof of Entitlement and a copy of this Agreement and all documentation. The transfer of your license rights and obligations terminates your authorization to use the Program under the Proof of Entitlement. 2. Proof of Entitlement The Proof of Entitlement for this Program is evidence of your authorization to use this Program and of your eligibility for future upgrade program prices (if announced) and potential special or promotional opportunities. 3. Charges and Taxes IBM defines use for the Program for charging purposes and specifies it in the Proof of Entitlement. Charges are based on extent of use authorized. If you wish to increase the extent of use, notify IBM or its reseller and pay any applicable charges. IBM does not give refunds or credits for charges already due or paid. If any authority imposes a duty, tax, levy or fee, excluding those based on IBM's net income, upon the Program supplied by IBM under this Agreement, then you agree to pay that amount as IBM specifies or supply exemption documentation. 4. No Warranty SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, IBM MAKES NO WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTY OF NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE PROGRAM OR TECHNICAL SUPPORT, IF ANY. IBM MAKES NO WARRANTY REGARDING THE CAPABILITY OF THE PROGRAM TO CORRECTLY PROCESS, PROVIDE AND/OR RECEIVE DATE DATA WITHIN AND BETWEEN THE 20TH AND 21ST CENTURIES. The exclusion also applies to any of IBM's subcontractors, suppliers, or program developers (collectively called "Suppliers"). Manufacturers, suppliers, or publishers of non-IBM Programs may provide their own warranties. 5. Limitation of Liability NEITHER IBM NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR ANY INCIDENTAL, SPECIAL, OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF IBM IS INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. 6. General Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract. IBM may terminate your license if you fail to comply with the terms of this Agreement. If IBM does so, you must immediately destroy the Program and all copies you made of it. You agree to comply with applicable export laws and regulations. Neither you nor IBM will bring a legal action under this Agreement more than two years after the cause of action arose unless otherwise provided by local law without the possibility of contractual waiver or limitation. Neither you nor IBM is responsible for failure to fulfill any obligations due to causes beyond its control. IBM does not provide program services or technical support, unless IBM specifies otherwise. The laws of the country in which you acquire the Program govern this Agreement, except 1) in Australia, the laws of the State or Territory in which the transaction is performed govern this Agreement; 2) in Albania, Armenia, Belarus, Bosnia/Herzegovina, Bulgaria, Croatia, Czech Republic, Georgia, Hungary, Kazakhstan, Kirghizia, Former Yugoslav Republic of Macedonia (FYROM), Moldova, Poland, Romania, Russia, Slovak Republic, Slovenia, Ukraine, and Federal Republic of Yugoslavia, the laws of Austria govern this Agreement; 3) in the United Kingdom, all disputes relating to this Agreement will be governed by English Law and will be submitted to the exclusive jurisdiction of the English courts; 4) in Canada, the laws in the Province of Ontario govern this Agreement; and 5) in the United States and Puerto Rico, and People's Republic of China, the laws of the State of New York govern this Agreement. Part 2 - Country-unique Terms AUSTRALIA: No Warranty (Section 4): The following paragraph is added to this Section: Although IBM specifies that there are no warranties, you may have certain rights under the Trade Practices Act 1974 or other legislation and are only limited to the extent permitted by the applicable legislation. Limitation of Liability (Section 5): The following paragraph is added to this Section: Where IBM is in breach of a condition or warranty implied by the Trade Practices Act 1974, IBM's liability is limited to the repair or replacement of the goods, or the supply of equivalent goods. Where that condition or warranty relates to right to sell, quiet possession or clear title, or the goods are of a kind ordinarily acquired for personal, domestic or household use or consumption, then none of the limitations in this paragraph apply. GERMANY: No Warranty (Section 4): The following paragraphs are added to this Section: The minimum warranty period for Programs is six months. In case a Program is delivered without Specifications, we will only warrant that the Program information correctly describes the Program and that the Program can be used according to the Program information. You have to check the usability according to the Program information within the "money-back guaranty" period. Limitation of Liability (Section 5): The following paragraph is added to this Section: The limitations and exclusions specified in the Agreement will not apply to damages caused by IBM with fraud or gross negligence, and for express warranty. INDIA: General (Section 6): The following replaces the fourth paragraph of this Section: If no suit or other legal action is brought, within two years after the cause of action arose, in respect of any claim that either party may have against the other, the rights of the concerned party in respect of such claim will be forfeited and the other party will stand released from its obligations in respect of such claim. IRELAND: No Warranty (Section 4): The following paragraph is added to this Section: Except as expressly provided in these terms and conditions, all statutory conditions, including all warranties implied, but without prejudice to the generality of the foregoing, all warranties implied by the Sale of Goods Act 1893 or the Sale of Goods and Supply of Services Act 1980 are hereby excluded. ITALY: Limitation of Liability (Section 5): This Section is replaced by the following: Unless otherwise provided by mandatory law, IBM is not liable for any damages which might arise. NEW ZEALAND: No Warranty (Section 4): The following paragraph is added to this Section: Although IBM specifies that there are no warranties, you may have certain rights under the Consumer Guarantees Act 1993 or other legislation which cannot be excluded or limited. The Consumer Guarantees Act 1993 will not apply in respect of any goods or services which IBM provides, if you require the goods and services for the purposes of a business as defined in that Act. Limitation of Liability (Section 5): The following paragraph is added to this Section: Where Programs are not acquired for the purposes of a business as defined in the Consumer Guarantees Act 1993, the limitations in this Section are subject to the limitations in that Act. PEOPLE'S REPUBLIC OF CHINA: Charges (Section 3): The following paragraph is added to the Section: All banking charges incurred in the People's Republic of China will be borne by you and those incurred outside the People's Republic of China will be borne by IBM. UNITED KINGDOM: Limitation of Liability (Section 5): The following paragraph is added to this Section at the end of the first paragraph: The limitation of liability will not apply to any breach of IBM's obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982. If available, the original license text for this package will follow below. =============================================================================== ===============================================================================
In December 1999, with the release of Zip 2.3, Info-ZIP switched from its old, ad hoc license (embodied in the COPYING file) to a new, more standard version based on the BSD license. Here is the text of the new license, which applies to all source files in Zip 2.3 and later, UnZip 5.41 and later, WiZ 5.0 and later, and MacZip 1.05 and later, except where explicitly stated otherwise:
This is version 2000-Apr-09 of the Info-ZIP copyright and license.
The definitive version of this document should be available at
ftp://ftp.info-zip.org/pub/infozip/license.html indefinitely.
Copyright (c) 1990-2000 Info-ZIP. All rights reserved. For the purposes of this copyright and license, "Info-ZIP" is defined as the following set of individuals:
Mark Adler, John Bush, Karl Davis, Harald Denker, Jean-Michel Dubois, Jean-loup Gailly, Hunter Goatley, Ian Gorman, Chris Herborth, Dirk Haase, Greg Hartwig, Robert Heath, Jonathan Hudson, Paul Kienitz, David Kirschbaum, Johnny Lee, Onno van der Linden, Igor Mandrichenko, Steve P. Miller, Sergio Monesi, Keith Owens, George Petrov, Greg Roelofs, Kai Uwe Rommel, Steve Salisbury, Dave Smith, Christian Spieler, Antoine Verheijen, Paul von Behren, Rich Wales, Mike White This software is provided "as is," without warranty of any kind, express or implied. In no event shall Info-ZIP or its contributors be held liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use this software. Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:
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This license is also available as plain ASCII:
The text in the LICENSE file should be identical to that above except for the absence of HTML markup (obviously). But in case of discrepancies in the actual wording, ftp://ftp.info-zip.org/pub/infozip/license.html is the definitive version.
Note that the lack of the BSD ``advertising clause'' and the presence of the third and fourth restrictions are the two principal differences from the BSD license. Restriction #3 is intended only to protect us from having to support other people's code and from getting blamed for other people's bugs. (We have enough bugs of our own. :-) )
Here are some examples of what we consider acceptable and unacceptable (i.e., misrepresentative) uses of the Info-ZIP names and contact info:
OK | Not OK |
---|---|
This is a port of Info-ZIP's Zip to the FooBar 9000 by JoeBob JBobberson. I have submitted my patches to Info-ZIP, so the port should be incorporated into the next official release. | This is the official FooBar 9000 port of Info-ZIP's Zip. |
The original UnZip sources are available from Info-ZIP's home site at http://www.info-zip.org/pub/infozip/UnZip.html ; my patches are available from http://site.xyz/. Send any bug reports on the FooBar 9000 port to JoeBob@site.xyz . | (complete absence of identifying material or contact information other than that included in standard Info-ZIP documentation or source code) |
at top of the screen displayed by typing ``unzip'' with no parameters: | |
UnZip 5.40 of 28 November 1998, by Info-ZIP. FooBar 9000 port maintained by JoeBob JBobberson; send bug reports to JoeBob@site.xyz. | UnZip 5.40 of 28 November 1998, by Info-ZIP. Maintained by C. Spieler. Send bug reports to the authors at Zip-Bugs@lists.wku.edu; see README for details. |
With regard to what defines a ``port'' (i.e., sufficiently different from ``our code'' that we would like you to be the first line of defense against bug reports), the usual rule of thumb is: if you didn't have to change any source code, it's not a new port. This includes cases where maybe you had to supply some unusual compiler flags (unless they have to do with aggressive optimizations that may fail unpredictably) or define a macro that isn't present in the standard makefile(s); we'd love to hear from you so that such things can be incorporated into future makefiles, but they don't constitute a port. The prototypical example is a new Unix variant, perhaps where it was necessary to compile via make -f unix/Makefile LOCAL_UNZIP="-DNO_UID_GID -DZMEM" all or something similar, but more typically where it wasn't necessary to do anything special.
The license given above covers only Info-ZIP's code. There are five files in the Zip and UnZip distributions that are covered by separate copyrights and licenses:
mktime.c is copyrighted by David MacKenzie and Michael Haertel and may be used freely as long as its copyright notice is retained and functional changes are noted. (In other words, its license is roughly equivalent to the Info-ZIP license.) unreduce.c is the only remaining trace of Samuel H. Smith's original 1989 code, and its license explicitly prohibits commercial use and requires distribution of source code if the code is used in another program. time_lib.c is copyrighted by Norbert Pueschel and may not be used commercially without the explicit permission of the copyright holder; non-commercial distribution by anyone other than Info-ZIP requires the inclusion of an additional piece of documentation. macstuff.c and macstuff.h are derived from the More Files package and are copyrighted by Apple Computer and Jim Luther. They may be used without restriction provided that the source code is documented as having descended from Apple Sample Code and as containing subsequent changes. See the comments in the relevant source files for details.
In addition, versions of the following files that were released prior to this license were (and always will be) in the public domain. Newer versions are now covered by our copyright and license, but that doesn't affect the older copies:
Finally, note that the copyright and license presented here do not give you any special rights with respect to patents, export regulations, trademarks, or other laws of the United States or other countries. This may or may not be an issue for the code in unshrink.c, crypt.c, crypt.h, etc.
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Greg Roelofs. |
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