BY INSTALLING OR USING THE BITWISE CLIENT SOFTWARE ("SOFTWARE"), WHICH ACCESSES THE BITWISE SERVER ("SERVER"), THE INDIVIDUAL OR ENTITY LICENSING THE SOFTWARE ("LICENSEE") IS CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE IT!
SINCE THE SOFTWARE DIRECTLY INTERACTS WITH THE SERVER (NOT LICENSED TO THE LICENSEE), THIS COMBINATION OF SERVER AND CLIENT FUNCTIONALITY IS REFERRED TO AS THE "SERVICE".
*** The short form:
The Software is provided to you free of charge. BitWise Communications, LLC ("Authors") doesn't owe anything to you. If you choose to run the Software, you accept full responsibility for anything that might happen. While we try our best to release only stable, bug-free versions, this is not always possible.
The Software may not be used for commercial or business purposes without also purchasing BitWise IM Professional and using the Service within the Professional context. Information regarding BitWise IM Professional is available from the Software's web site at http://www.bitwiseim.com . Violaters are subject to immediate denial of service and may be subject to further access restrictions based on username or IP address, or any other non-invasive method by which access to the Service can be denied.
The Authors maintain the right of complete control over who may, and who may not use the Service. Even though the Software is free, it may not be redistributed without written permission of the authors. Do not give anyone a copy of the Software - direct them to our website or to an authorized distributor to download their own copy.
*** The long form:
1. LICENSE GRANT.
BitWise Communications, LLC ("Authors") grants Licensee a non-exclusive and non-transferable license to reproduce and use for personal or internal business purposes the binary code version of the Software for use with the Service, provided any copy must contain all of the original proprietary notices. This license does not entitle Licensee to receive from the Authors hard-copy documentation, technical support, telephone assistance, source code of either the client or server, binary code version of the server, or enhancements or updates to the Service. Licensee may not redistribute the Software. In the event Licensee wishes to redistribute or sublicense the Software or Service, either for profit or otherwise, Licensee must first obtain written permission from Authors to do so.
2. RESTRICTIONS.
Except as otherwise expressly permitted in this Agreement, Licensee may not: (i) modify or create any derivative works of the Software or documentation, including translation or localization; (ii) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Service; (iii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Service; or (iv) publish any results of benchmark tests run on the Service to a third party without Authors' prior written consent. Plug-ins and Software components provided with or as part of the Service may be used only with the Service and not on a standalone basis or with any other Service. Software APIs may be used only to develop code to work with the Service, but this clause shall not be construed to mean that Authors are obligated to provide APIs in any form.
The Software may not be used for commercial or business purposes without also purchasing BitWise IM Professional and using the Service within the Professional context. Information regarding BitWise IM Professional is available from the Software's web site at http://www.bitwiseim.com . Violaters are subject to immediate denial of service and may be subject to further access restrictions based on username or IP address, or any other non-invasive method by which access to the Service can be denied. Users of BitWise Professional must also abide by the terms of the Billing Agreement / Policy.
3. TERMINATION.
Without prejudice to any other rights, Authors may terminate this Agreement if Licensee breaches any of its terms and conditions. Upon termination, Licensee shall destroy all copies of the Software.
4. PROPRIETARY RIGHTS.
Title, ownership rights, and intellectual property rights in the Service shall remain in control of the Authors. Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Authors' ownership of or rights with respect to the Service. The Service is protected by copyright and other intellectual property laws and by international treaties. Licensee agrees, at its expense, to defend and hold Authors and his affiliates harmless from any and all costs, damages and reasonable attorneys' fees resulting from any claim that Licensee's use of the Service has injured or otherwise violated any right of any third party or violates any law.
5. DISCLAIMER OF WARRANTY.
THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE IS BORNE BY LICENSEE. SHOULD THE SERVICE PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT AUTHORS ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SERVICE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
6. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AUTHORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, AUTHORS' ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE SERVICE RECEIVED BY AUTHORS UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF AUTHORS TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. AUTHORS ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE SERVICE AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.
7. EXPORT CONTROL.
Licensee agrees to comply with all export laws and restrictions and regulations of the United States or foreign agencies or authorities, and not to export or re-export the Service or any direct Service thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, each party shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to its own export of the Service from the U.S.
BitWise is subject to US Commercial Encryption Export Controls. BitWise may not be downloaded in or used by citizens/nationals of the following countries: Afghanistan, Cuba, Iran, Libya, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or any organization or company on the United States Commerce Department's "Denied Parties List. For more information on export laws, please refer to the United States Commerce Department Bureau of Export Administration at (202) 482-2440, or (202) 482-4811.
8. HIGH RISK ACTIVITIES.
The Service is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as (but not limited to) the operation of nuclear facilities, oil rigs, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Service could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, Authors and their suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. Licensee agrees that Authors and their suppliers will not be liable for any claims or damages arising from the use of the Service in such applications.
9. U.S. GOVERNMENT END USERS.
The Service is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Service with only those rights set forth herein.
10. MISCELLANEOUS.
(a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. (b) Authors may change the terms of this Agreement from time to time. By continuing to use the Service beyond a period of 30 days after notice of such change has been provided on a public website maintained by the Authors, http://www.bitwisechat.com or http://www.bitwisecommunications.com, Licensee signifies its consent to the revised terms. (c) Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of the State of Ohio, U.S.A., excluding its conflict of law provisions. (d) Unless otherwise agreed in writing, all disputes relating to this Agreement (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration in Cuyahoga County, Ohio, under the auspices of the American Arbitration Association (AAA), with the losing party paying all costs of arbitration. (e) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (f) If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect. (g) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any instance, shall not waive such term or condition or any subsequent breach thereof. (h) The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination. (i) Licensee may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein except in the case of a merger or the sale of all or substantially all of Licensee's assets to another entity. (j) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. (k) Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. (l) The relationship between Authors and Licensee is that of independent contractors and neither Licensee nor its agents shall have any Authorsity to bind Authors in any way.
*** wxWindows License, Version 3
Copyright (C) 1998 Julian Smart, Robert Roebling [, ...]
wxWindows LIBRARY LICENCE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
This library is free software; you can redistribute it and/or modify it under the terms of the GNU Library General Public Licence as published by the Free Software Foundation; either version 2 of the Licence, 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 Library General Public Licence for more details.
You should have received a copy of the GNU Library General Public Licence along with this software, usually in a file named COPYING.LIB. If not, write to the Free Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA.
EXCEPTION NOTICE
1. As a special exception, the copyright holders of this library give permission for additional uses of the text contained in this release of the library as licenced under the wxWindows Library Licence, applying either version 3 of the Licence, or (at your option) any later version of the Licence as published by the copyright holders of version 3 of the Licence document.
2. The exception is that you may use, copy, link, modify and distribute under the user's own terms, binary object code versions of works based on the Library.
3. If you copy code from files distributed under the terms of the GNU General Public Licence or the GNU Library General Public Licence into a copy of this library, as this licence permits, the exception does not apply to the code that you add in this way. To avoid misleading anyone as to the status of such modified files, you must delete this exception notice from such code and/or adjust the licensing conditions notice accordingly.
4. If you write modifications of your own for this library, it is your choice whether to permit this exception to apply to your modifications. If you do not wish that, you must delete the exception notice from such code and/or adjust the licensing conditions notice accordingly.
*** JPEG License
The authors make NO WARRANTY or representation, either express or implied, with respect to this software, its quality, accuracy, merchantability, or fitness for a particular purpose. This software is provided "AS IS", and you, its user, assume the entire risk as to its quality and accuracy.
This software is copyright (C) 1991-1998, Thomas G. Lane.
All Rights Reserved except as specified below.
Permission is hereby granted to use, copy, modify, and distribute this software (or portions thereof) for any purpose, without fee, subject to these conditions:
(1) If any part of the source code for this software is distributed, then this README file must be included, with this copyright and no-warranty notice unaltered; and any additions, deletions, or changes to the original files must be clearly indicated in accompanying documentation.
(2) If only executable code is distributed, then the accompanying documentation must state that "this software is based in part on the work of the Independent JPEG Group".
(3) Permission for use of this software is granted only if the user accepts full responsibility for any undesirable consequences; the authors accept NO LIABILITY for damages of any kind.
These conditions apply to any software derived from or based on the IJG code, not just to the unmodified library. If you use our work, you ought to acknowledge us.
Permission is NOT granted for the use of any IJG author's name or company name in advertising or publicity relating to this software or products derived from it. This software may be referred to only as "the Independent JPEG Group's software".
We specifically permit and encourage the use of this software as the basis of commercial products, provided that all warranty or liability claims are assumed by the product vendor.
*** TIFF License
Copyright (c) 1988-1997 Sam Leffler
Copyright (c) 1991-1997 Silicon Graphics, Inc.
Permission to use, copy, modify, distribute, and sell this software and its documentation for any purpose is hereby granted without fee, provided that (i) the above copyright notices and this permission notice appear in all copies of the software and related documentation, and (ii) the names of Sam Leffler and Silicon Graphics may not be used in any advertising or publicity relating to the software without the specific, prior written permission of Sam Leffler and Silicon Graphics.
THE SOFTWARE IS PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL SAM LEFFLER OR SILICON GRAPHICS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
Copyright (c) 1999-2000 Ross Bencina and Phil Burk
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.
Any person wishing to distribute modifications to the Software is requested to send the modifications to the original developer so that they can be incorporated into the canonical version.
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 ON INFRINGEMENT.
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.
**** Speex Library License
Copyright (c) 2004 Xiph.Org Foundation
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
- Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
- 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.
- Neither the name of the Xiph.org Foundation 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 FOUNDATION 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 Vovida Software License, Version 1.0
Copyright (c) 2000 Vovida Networks, Inc. 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. The names "VOCAL", "Vovida Open Communication Application Library",
and "Vovida Open Communication Application Library (VOCAL)" must
not be used to endorse or promote products derived from this
software without prior written permission. For written
permission, please contact vocal@vovida.org.
4. Products derived from this software may not be called "VOCAL", nor
may "VOCAL" appear in their name, without prior written
permission of Vovida Networks, Inc.
THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT ARE DISCLAIMED. IN NO EVENT SHALL VOVIDA
NETWORKS, INC. OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT DAMAGES
IN EXCESS OF $1,000, NOR FOR ANY 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
