Terms of Service
Terms of Service
These Terms of Service (this "Agreement") is a legally binding agreement made by and between Barnes & Noble, Inc. ("we," "us," or "our") and you regarding your use of your NOOKcolor eReader ("NOOKcolor").
THIS AGREEMENT SETS FORTH THE RIGHTS AND OBLIGATIONS APPLICABLE TO THE USE OF YOUR NOOKcolor, SO PLEASE READ IT CAREFULLY BEFORE USING YOUR NOOKcolor. BY USING YOUR NOOKcolor, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MUST RETURN YOUR NOOKcolor AND RELATED SOFTWARE AS PROVIDED IN SECTION 1(b) BELOW.
1. Using Your NOOKcolor.
(a) Your NOOKcolor, the Service and Digital Content. Your NOOKcolor is an electronic device that is designed to allow you to read digitized electronic content such as eBooks and digital periodicals ("Digital Content"). Your NOOKcolor is also designed to connect wirelessly to the Internet to enable you to browse, preview, search for, purchase and download Digital Content; access the Barnes & Noble.com Web Site (the "Web Site") and other web sites; interface with social networking sites; and access, use, and participate in other services, features, functions and promotions (all features described in this sentence, collectively, the "Service").
(b) Returns. If you purchased your NOOKcolor from the Web Site or a Barnes & Noble retail store, you may return your NOOKcolor (and any related accessories and documentation that were shipped with your NOOKcolor) within fourteen (14) days of the date of purchase (sixty (60) days with a gift receipt) for a refund of its purchase price; provided that you return your NOOKcolor (including any included accessories and peripherals) in its original packaging and in undamaged condition. The procedures for contacting us to arrange for a return are provided in the One Year Limited Warranty. If you discover a defect in your NOOKcolor after fourteen (14) days (sixty (60) days with a gift receipt), your rights to receive a replacement NOOKcolor or a refund are provided in the One Year Limited Warranty. If you purchased your NOOKcolor from another retailer, your right to return your NOOKcolor (and procedures for doing so) will be governed by the policies of that retailer. Please check with your retailer for the applicable returns policy and procedure.
(c) Terms of Use. You must open a Barnes & Noble.com account and register your NOOKcolor in accordance with the Terms of Use on the Web Site (the "Terms of Use") in order to use the Service. In your use of the Service, in particular, your downloading and use of Digital Content, you must comply with the Terms of Use and any terms applicable to any Digital Content that you obtain from a third party. The Terms of Use will apply when you access the Web Site in connection with using your NOOKcolor.
(d) Wireless Connection. Your NOOKcolor has built-in wireless Internet connectivity capabilities. The connectivity is subject to restrictions and limitations imposed by the internet service provider associated with the Wi-Fi hotspot that you use, such as fees, coverage area, file size and policies. You can choose to connect or disconnect at any point to a different Wi-Fi hotspot and thus choose a different ISP service. Such Internet connectivity capability is also subject to the limitations inherent in the type of NOOKcolor that you own.
(e) B&N Online Library. Your NOOKcolor is designed to permit you to store your account information and all Digital Content that you purchase in an online "library" hosted in our "cloud" storage facility. When your NOOKcolor is connected to the Internet, we will use reasonable efforts to permit you to access this library. You should note that most Digital Content is intended to be stored for as long as we offer the Service, except that Digital Content periodicals, such as newspapers and magazines, may be set to be automatically deleted after a certain period of time (depending on the periodical). If you want to automatically archive your periodical Digital Content, you should check the appropriate settings on your NOOKcolor to ensure that it is set up to do so.
(f) No Responsibility for Digital Content. Your NOOKcolor is designed to permit you access to a wide variety of Digital Content, some of which may be inappropriate for, or offensive to, some readers. We do not exercise any editorial control over the Digital Content. We provide only your NOOKcolor and the Service, which are intended to allow you access to the Digital Content. Under no circumstance will we be liable for any loss, damage or harm caused by your access to or reliance on the Digital Content. You must determine whether the Digital Content accessed through your NOOKcolor is appropriate, useful, accurate and complete. Your use of the Digital Content and the Service is solely at your own risk.
2. License and Intellectual Property.
(a) License. Subject to your compliance with and the terms and conditions of this Agreement, we grant you a non-exclusive, revocable license to make personal, non-commercial use of: (i) the Service; (ii) the software loaded onto your NOOKcolor, as may be updated, modified, added to or upgraded from time to time (the "Software"); and (iii) any printed or electronic documentation for such Software (the "Documentation"), all solely for the purposes that we intend, as described on the Web Site and in the Documentation.
(b) Third-Party Software. Certain portions of the Software are subject to separate licensing terms as set forth in Attachment 1. By using your NOOKcolor, you agree that you have read, understand and agree to be bound by such terms. Such portions of the Software are also subject to the copyright notices contained in such Attachment and in the User Guide.
(c) Reservation of Rights. The sale of your NOOKcolor to you does not transfer to you any right, title or interest in or to any of our intellectual property rights or those of our suppliers or licensors. For example, all Software is either owned by us or is the property of our suppliers or licensors. The Software has been licensed, not sold, to you. © 2010 BARNES & NOBLE, INC. AND ITS SUPPLIERS AND LICENSORS, ALL RIGHTS RESERVED. Patent Pending. Most trademarks shown on your NOOKcolor, such as nook, NOOKcolor, n, VividView, Daily Shelf, LendMe, More In Store, Barnes & Noble® and B&N®, are owned by Barnes & Noble, Inc. or its subsidiaries. Certain other trademarks shown on your NOOKcolor or through the Service are owned by our suppliers or licensors or other third parties. Please see the attribution page in the User Guide for more information. All Rights Reserved. Other than the limited license granted to you in this Section 2, you have no other right, title or interest in or to the Service, Software or Documentation. Any rights not expressly granted to you are fully reserved by us and our suppliers or licensors, as applicable, and no such rights are conferred by estoppel, operation of law, implication or otherwise.
(d) Restrictions. Except as may be expressly permitted by this Agreement, you may not, directly or indirectly: (i) use the Software on any device other than your NOOKcolor; (ii) use, copy, modify, distribute copies of, display or transmit the Software; (iii) disassemble, reverse engineer, emulate, decompile, tamper with, create derivative works from or otherwise attempt to discover the source code of the Software or the technology used to provide the Service or attempt to reduce the Software to human-readable form; (iv) bypass, modify, defeat, tamper with or circumvent any of the security features of your NOOKcolor or the Service, including, without limitation, altering any digital rights management functionality of your NOOKcolor or the Software; or (v) share access to the Software or Service, whether through a network, resale or other means.
(e) U.S. Government End Users. The Software and Documentation are "commercial computer software" or "commercial computer software documentation" as those terms are defined in 48 C.F.R. 252.227-7014(a)(1) (2007) and 252.227-7014(a)(5) (2007). The U.S. Government's rights with respect to the Software and Documentation are limited by this Agreement pursuant to FAR §§ 12.212 (Computer Software) (1995) and 12.211 (Technical Data) (1995) and/or DFAR 227.7202-3, as applicable. As such, the Software and Documentation are being licensed to the U.S. Government end users: (i) only as "Commercial Items" as that term is defined in FAR 2.101 generally and as incorporated in DFAR 212.102; and (ii) with only those limited rights as are granted to the public pursuant to this Agreement. Under no circumstance will the U.S. Government or its end users be granted any greater rights than we grant to other users, as provided for in this Agreement.
3. Prohibited Conduct. In your use of your NOOKcolor or the Service, you may not: (i) transfer the Digital Content from one electronic reading device to another without maintaining the applicable digital rights management solution for that Digital Content; (ii) infringe, violate, or interfere with any patent, trademark, trade secret, copyright, right of publicity or any other right of any party; (iii) violate any law, rule or regulation, including, without limitation, U.S. export control laws; (iv) copy, transfer, sublicense, assign, rent, lease, lend, resell or in any way transfer any rights to all or any portion of the Digital Content to any third party, except in connection with the normal use of the lending feature available through the Service, or as expressly permitted by the Terms of Use or applicable third-party license agreement; (v) broadcast, transmit or distribute the Digital Content in any manner, such as online streaming or making the Digital Content available for download; (vi) interfere with or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (vii) violate any third-party contract or policy governing the Service, Software or Digital Content; (viii) open, modify, service or tamper with your NOOKcolor; (ix) engage in any activity that interferes with any third party's ability to use or enjoy the Service; (x) delete, destroy or alter in any manner the proprietary rights notices, markings and legends appearing on your NOOKcolor, or the Digital Content, Software or Service; or (xi) assist or encourage any third party in engaging in any activity prohibited by this Agreement.
4. Privacy and Security.
(a) Privacy. You agree that we may use, collect and share your information in accordance with our Privacy Policy. Without limitation, we will collect, use and/or disclose information regarding you and your use of your NOOKcolor and the Service in order to: (i) provide the Service to you; (ii) permit you to engage in activities that you initiate through the Service, such as purchasing Digital Content and reviewing products; and (iii) analyze, operate, support, maintain and improve your NOOKcolor or the Service.
(b) Security. We employ measures designed to ensure the security of the Service, but, as provided below, make no guarantees in this regard.
5. SUPPORT. WE HAVE NO OBLIGATION TO MAINTAIN OR SUPPORT THE SOFTWARE OR THE SERVICE. YOUR ABILITY TO ACCESS CERTAIN DIGITAL CONTENT FROM A GIVEN SOURCE MAY DEPEND ON YOUR OBTAINING AND INSTALLING UPDATED VERSIONS OF THE SOFTWARE. WE AND OUR SUPPLIERS OR LICENSORS MAY, WITHOUT FURTHER NOTICE TO YOU, PERIODICALLY ACCESS YOUR NOOKcolor REMOTELY TO UPDATE, MODIFY, ADD TO OR UPGRADE THE SOFTWARE. IN RARE INSTANCES, SUCH UPDATES, MODIFICATIONS, ADDITIONS OR UPGRADES MAY CAUSE DATA LOSS OR OTHER ISSUES. YOU ARE SOLELY RESPONSIBLE FOR REGULARLY BACKING UP THE DATA STORED ON YOUR NOOKcolor TO PREVENT THIS FROM OCCURRING.
6. Indemnification. You will defend, indemnify and hold us and our affiliates, and our and their employees, representatives, agents, attorneys, directors, officers, managers, shareholders, suppliers and licensors (the "Indemnified Parties") harmless from any damage, loss, cost or expense (including, without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought or asserted against any of the Indemnified Parties arising from, related to, or connected with your alleged breach of this Agreement. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without our written consent.
7. DISCLAIMERS; EXCLUSIONS AND LIMITATIONS.
(a) DISCLAIMER OF WARRANTIES. EXCEPT FOR THE ONE YEAR LIMITED WARRANTY THAT WE PROVIDE FOR YOUR NOOKcolor, WE AND OUR SUPPLIERS AND LICENSORS PROVIDE YOUR NOOKcolor, THE DIGITAL CONTENT, THE SOFTWARE AND THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. THE USE OF YOUR NOOKcolor, THE SERVICE, DIGITAL CONTENT AND SOFTWARE IS AT YOUR SOLE RISK. WE DO NOT REPRESENT OR WARRANT THAT YOUR NOOKcolor, THE SOFTWARE, THE SERVICE OR THE DIGITAL CONTENT, OR ITS OR THEIR USE WILL: (I) BE UNINTERRUPTED OR SECURE; (II) BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III) MEET YOUR REQUIREMENTS. WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, LACK OF HIDDEN OR LATENT DEFECTS, SECURITY, MERCHANTABILITY, QUIET ENJOYMENT AND NON-INFRINGEMENT.
(b) EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES ARISING FROM, RELATING TO OR CONNECTED WITH YOUR PURCHASE OR USE OF YOUR NOOKcolor, THE SERVICE, THE SOFTWARE, OR THE DIGITAL CONTENT, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE OR LOST DATA, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR MISREPRESENTATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL OUR OR OUR SUPPLIERS' OR LICENSORS' AGGREGATE LIABILITY ARISING FROM, RELATING TO OR IN CONNECTION WITH THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO YOUR NOOKcolor, THE DIGITAL CONTENT, THE SOFTWARE OR THE SERVICE) EXCEED THE PRICE PAID BY YOU FOR YOUR NOOKcolor.
(d) STATE LAW. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. AS SUCH, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
(e) ESSENTIAL PURPOSE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8. Force Majeure. We will not be liable for failing to perform under this Agreement because of any event beyond our reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider or any other third party to perform, fire, an act of terrorism, natural disaster or war.
9. Choice of Law. The laws of the State of New York will govern and be used to interpret this Agreement, without giving effect to any principle that would allow for the application of the law of any other State. For purposes of any Claim that is not subject to the arbitration procedures in Section 10 below, we both agree to submit to the nonexclusive personal jurisdiction of the courts located within New York County, New York and waive any objection to the laying of venue of any litigation in said courts.
10. Dispute Resolution. Any Claim arising from, relating to, or connected with this Agreement will be resolved through binding arbitration conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules (including, without limitation, the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding this Section 10, we may bring a claim for injunctive or other equitable relief in any court of competent jurisdiction as necessary to enforce our intellectual property rights or those of our affiliates, suppliers, or licensors. Any Claim will be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT, IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. Each of the parties acknowledges that this Section is a material inducement for the other party to enter into this Agreement. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or in connection with this Agreement must be filed within one (1) calendar year after such claim or cause of action arises, or forever be barred.
11. Termination of the Service.
(a) By Us. If we have a reasonable basis to believe that you have violated any term or condition of this Agreement or may cause us, our suppliers or licensors, or another user of the Service financial loss or legal liability, we may, in our sole discretion, upon notice to you, issue a warning, temporarily suspend, indefinitely suspend or terminate any of your rights to use or access all or any part of the Service.
(b) By You. You may terminate your use of the Service at any time by ceasing all use of the Service and deregistering your NOOKcolor by following the process provided for on the Web Site.
(c) Effect of Termination. Following termination or suspension, you will not be permitted to use the Service, though termination/suspension of your right to use the Service will not affect your right to view Digital Content that you have already lawfully acquired and downloaded to your NOOKcolor. If your access to the Service is terminated or suspended, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Service, including, but not limited to, technological barriers, IP mapping and our direct contacts with telecommunications companies. This Agreement will survive indefinitely unless and until we choose to terminate it, regardless of whether any account you open is terminated by you or us or if you have the right to access or use the Service. You are responsible for payment of all outstanding balances accrued up to and through the termination date. All amounts paid to us are non-refundable, unless otherwise expressly provided for in this Agreement, the One-Year Limited Warranty, or the Terms of Use.
12. Notice. You hereby consent to receive electronic communications from us, whether addressed to the email address associated with your Barnes & Noble.com account or other email address that you provide to us, or sent directly to your NOOKcolor. You acknowledge and agree that any communication via email, message to your device or by postings on the Web Site satisfies any legal requirement that such communications be made in writing. You may give notice to us via email to the following address: nook@barnesandnoble.com. If you have general questions regarding your NOOKcolor, you may also call 1-800-THE-BOOK or 1-201-438-1834, though such a call will not suffice for notice under this paragraph. Notice will be effective upon our sending or receipt of it, as applicable.
13. Changes to Service; Amendment. We may, in our sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently, at any time without notice to you, and we will not be liable for doing so.
14. Assignment. This Agreement and all of your rights and obligations under it may not be assignable or transferable by you without our prior written consent. You may, however, sell, give away, or otherwise transfer your NOOKcolor; provided, however, that the person to whom you transfer your NOOKcolor must register your NOOKcolor in their name. You will be responsible for all use of your NOOKcolor until that NOOKcolor is registered in their name. Similarly, if you lend your NOOKcolor to another person or another person otherwise uses your NOOKcolor, you will be responsible for that person's use of your NOOKcolor. We may freely assign or transfer this Agreement or any of our rights and obligations under it.
15. Additional Terms. This Agreement contains the entire understanding between you and us regarding the use of your NOOKcolor and the Service, and supersedes all prior and contemporaneous agreements and understandings between you and us regarding this subject matter. The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement is held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in that or any other jurisdiction. Our affiliates, suppliers and licensors are intended third-party beneficiaries of this Agreement. Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. This Agreement is binding upon each party and its successors and permitted assigns.
ATTACHMENT 1
THIRD PARTY SOFTWARE TERMS
1. Notwithstanding anything to the contrary in this Agreement, certain components of the Software are licensed subject to the General Public License Version 2.0, a copy of which is attached as Exhibit A (the "GPL License"). You may not use these components except in compliance with the GPL License. In addition, you may have additional rights with respect to such components under the GPL License, including, without limitation, the right to obtain the source code for such components from us. You may obtain a copy of such source code by contacting us through the contact information provided on the Web Site. We will provide such source code in accordance with the GPL License.
NOOK Color 1.0 OSS Release
NOOK Color 1.1 OSS Release
NOOK Color 1.2 OSS Release
NOOK Color 1.3 OSS Release
NOOK Color 1.4.2 OSS Release
NOOK Color 1.4.3 OSS Release
2. Notwithstanding anything to the contrary in this Agreement, certain components of the Software are licensed subject to the GNU Lesser General Public License version 2.1, a copy of which is attached as Exhibit B (the "LGPL"). You may not use these components except in compliance with the LGPL. In addition, you may have additional rights with respect to such components under the LGPL. You may obtain a copy of such source code by contacting us through the contact information provided on the Web Site. We will provide such source code in accordance with the LGPL.
3. Notwithstanding anything to the contrary in this Agreement, certain components of the Software (as defined herein) are licensed subject to the Apache License, Version 2.0, a copy of which is attached as Exhibit C (the "Apache License"). You may not use these components except in compliance with the Apache License. In addition, you may have additional rights with respect to such components under the Apache License. Unless required by applicable law or agreed to in writing, software distributed under the Apache License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the Apache License for the specific language governing permissions and limitations under the Apache License.
4. Notwithstanding anything to the contrary in this Agreement, certain components of the Software are licensed subject to the third-party rights and terms of the licenses and permission notices reproduced on Exhibit D. You may not use these components except in compliance with the applicable licenses and permission notices. In addition, you may have additional rights with respect to such components under such licenses and permission notices.
Exhibit A
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 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 Lesser 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
0. 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.
2. 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:
a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.
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.
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.
3. 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:
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,
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,
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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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
11. 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.
12. 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.
<blockquote><one line to give the program's name and a brief idea of what it does.> Copyright (C) <year> <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., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 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) year 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 Lesser General Public License instead of this License.
Exhibit B
GNU LESSER GENERAL PUBLIC LICENSE
Version 2.1, February 1999
Copyright (C) 1991, 1999 Free Software Foundation, Inc.
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
[This is the first released version of the Lesser GPL. It also counts as the successor of the GNU Library Public License, version 2, hence the version number 2.1.]
Preamble
The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public Licenses are intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users.
This license, the Lesser General Public License, applies to some specially designated software packages--typically libraries--of the Free Software Foundation and other authors who decide to use it. You can use it too, but we suggest you first think carefully about whether this license or the ordinary General Public License is the better strategy to use in any particular case, based on the explanations below.
When we speak of free software, we are referring to freedom of use, 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 and use pieces of it in new free programs; and that you are informed that you can do these things.
To protect your rights, we need to make restrictions that forbid distributors to deny you these rights or to ask you to surrender these rights. These restrictions translate to certain responsibilities for you if you distribute copies of the library or if you modify it.
For example, if you distribute copies of the library, whether gratis or for a fee, you must give the recipients all the rights that we gave you. You must make sure that they, too, receive or can get the source code. If you link other code with the library, you must provide complete object files to the recipients, so that they can relink them with the library after making changes to the library and recompiling it. And you must show them these terms so they know their rights.
We protect your rights with a two-step method: (1) we copyright the library, and (2) we offer you this license, which gives you legal permission to copy, distribute and/or modify the library.
To protect each distributor, we want to make it very clear that there is no warranty for the free library. Also, if the library is modified by someone else and passed on, the recipients should know that what they have is not the original version, so that the original author's reputation will not be affected by problems that might be introduced by others.
Finally, software patents pose a constant threat to the existence of any free program. We wish to make sure that a company cannot effectively restrict the users of a free program by obtaining a restrictive license from a patent holder. Therefore, we insist that any patent license obtained for a version of the library must be consistent with the full freedom of use specified in this license.
Most GNU software, including some libraries, is covered by the ordinary GNU General Public License. This license, the GNU Lesser General Public License, applies to certain designated libraries, and is quite different from the ordinary General Public License. We use this license for certain libraries in order to permit linking those libraries into non-free programs.
When a program is linked with a library, whether statically or using a shared library, the combination of the two is legally speaking a combined work, a derivative of the original library. The ordinary General Public License therefore permits such linking only if the entire combination fits its criteria of freedom. The Lesser General Public License permits more lax criteria for linking other code with the library.
We call this license the "Lesser" General Public License because it does Less to protect the user's freedom than the ordinary General Public License. It also provides other free software developers Less of an advantage over competing non-free programs. These disadvantages are the reason we use the ordinary General Public License for many libraries. However, the Lesser license provides advantages in certain special circumstances.
For example, on rare occasions, there may be a special need to encourage the widest possible use of a certain library, so that it becomes a de-facto standard. To achieve this, non-free programs must be allowed to use the library. A more frequent case is that a free library does the same job as widely used non-free libraries. In this case, there is little to gain by limiting the free library to free software only, so we use the Lesser General Public License.
In other cases, permission to use a particular library in non-free programs enables a greater number of people to use a large body of free software. For example, permission to use the GNU C Library in non-free programs enables many more people to use the whole GNU operating system, as well as its variant, the GNU/Linux operating system.
Although the Lesser General Public License is Less protective of the users' freedom, it does ensure that the user of a program that is linked with the Library has the freedom and the wherewithal to run that program using a modified version of the Library.
The precise terms and conditions for copying, distribution and modification follow. Pay close attention to the difference between a work based on the library and a "work that uses the library". The former contains code derived from the library, whereas the latter must be combined with the library in order to run.
GNU LESSER GENERAL PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License Agreement applies to any software library or other program which contains a notice placed by the copyright holder or other authorized party saying it may be distributed under the terms of this Lesser General Public License (also called "this License"). Each licensee is addressed as "you".
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1. You may copy and distribute verbatim copies of the Library's complete 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 distribute a copy of this License along with the Library.
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(For example, a function in a library to compute square roots has a purpose that is entirely well-defined independent of the application. Therefore, Subsection 2d requires that any application-supplied function or table used by this function must be optional: if the application does not supply it, the square root function must still compute square roots.)
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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.
12. If the distribution and/or use of the Library is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Library 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.
13. The Free Software Foundation may publish revised and/or new versions of the Lesser 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 Library 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 Library does not specify a license version number, you may choose any version ever published by the Free Software Foundation.
14. If you wish to incorporate parts of the Library into other free programs whose distribution conditions are incompatible with these, 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
15. BECAUSE THE LIBRARY IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE LIBRARY, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE LIBRARY "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 LIBRARY IS WITH YOU. SHOULD THE LIBRARY PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
16. 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 LIBRARY 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 LIBRARY (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 LIBRARY TO OPERATE WITH ANY OTHER SOFTWARE), 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 Libraries
If you develop a new library, and you want it to be of the greatest possible use to the public, we recommend making it free software that everyone can redistribute and change. You can do so by permitting redistribution under these terms (or, alternatively, under the terms of the ordinary General Public License).
To apply these terms, attach the following notices to the library. 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 library's name and a brief idea of what it does.>
Copyright (C)
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.
You should have received a copy of the GNU Lesser General Public License along with this library; if not, write to the Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA Also add information on how to contact you by electronic and paper mail.
You should also get your employer (if you work as a programmer) or your school, if any, to sign a "copyright disclaimer" for the library, if necessary. Here is a sample; alter the names:
Yoyodyne, Inc., hereby disclaims all copyright interest in the library 'Frob' (a library for tweaking knobs) written by James Random Hacker.
Ty Coon, President of Vice
That's all there is to it!
Exhibit C - Apache
Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
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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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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
APPENDIX: How to apply the Apache License to your work.
To apply the Apache License to your work, attach the following boilerplate notice, with the fields enclosed by brackets "[]" replaced with your own identifying information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same "printed page" as the copyright notice for easier identification within third-party archives.
Copyright [yyyy] [name of copyright owner]
Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with 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.
Exhibit D
Permissions and Miscellaneous Licenses and Notices
Your NOOKcolor contains Adobe® Reader® Mobile software under license from Adobe Systems Incorporated, Copyright © 1995-2010 ADOBE SYSTEMS INCORPORATED. ALL RIGHTS RESERVED. Adobe and Reader are trademarks of Adobe Systems Incorporated.
Copyright(c) 1998 - 2008 Texas Instruments. All rights reserved.
All rights reserved.
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 Texas Instruments 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. N 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.
Copyright (c) 1997 Eric S. Raymond
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 NON-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.
Copyright (C) 1998-2003 Daniel Veillard. All Rights Reserved.
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 NON-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.
COPYRIGHT AND PERMISSION NOTICE
Copyright (c) 1995-2009 International Business Machines Corporation and others
All rights reserved.
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, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, provided that the above copyright notice(s) and this permission notice appear in all copies of the Software and that both the above copyright notice(s) and this permission notice appear in supporting documentation.
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 OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR HOLDERS INCLUDED IN THIS NOTICE BE LIABLE FOR ANY CLAIM, OR ANY SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization of the copyright holder.
Copyright (C) 1993 Hewlett-Packard Company
ALL RIGHTS RESERVED.
The enclosed software and documentation includes copyrighted works of Hewlett-Packard Co. For as long as you comply with the following limitations, you are hereby authorized to (i) use, reproduce, and modify the software and documentation, and to (ii) distribute the software and documentation, including modifications, for non-commercial purposes only.
1. The enclosed software and documentation is made available at no charge in order to advance the general development of high-performance networking products.
2. You may not delete any copyright notices contained in the software or documentation. All hard copies, and copies in source code or object code form, of the software or documentation (including modifications) must contain at least one of the copyright notices.
3. The enclosed software and documentation has not been subjected to testing and quality control and is not a Hewlett-Packard Co. product. At a future time, Hewlett-Packard Co. may or may not offer a version of the software and documentation as a product.
4. THE SOFTWARE AND DOCUMENTATION IS PROVIDED "AS IS". HEWLETT-PACKARD COMPANY DOES NOT WARRANT THAT THE USE, REPRODUCTION, MODIFICATION OR DISTRIBUTION OF THE SOFTWARE OR DOCUMENTATION WILL NOT INFRINGE A THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS. HP DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION IS ERROR FREE. HP DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, WITH REGARD TO THE SOFTWARE AND THE DOCUMENTATION. HP SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5. HEWLETT-PACKARD COMPANY WILL NOT IN ANY EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) RELATED TO ANY USE, REPRODUCTION, MODIFICATION, OR DISTRIBUTION OF THE SOFTWARE OR DOCUMENTATION.
Copyright (c) 1999,2000,2001,2002,2003
The Board of Trustees of the University of Illinois
All Rights Reserved.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software (Iperf) 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:
" Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimers.
" Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimers in the documentation and/or other materials provided with the distribution.
" Neither the names of the University of Illinois, NCSA, nor the names of its contributors may be used to endorse or promote products derived from this Software without specific prior written permission.
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 CONTRIBUTORS 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.
_____________________________________________________________ National Laboratory for Applied Network Research
National Center for Supercomputing Applications
University of Illinois at Urbana-Champaign
http://www.ncsa.uiuc.edu
_____________________________________________________________
+/* These two pieces of code originally come from
+ * Lee Hollingworth
+ * http://c-faq.com/osdep/kbhit.txt
+ * Floyd L. Davidson
+ * http://kasperd.net/~kasperd/comp.os.linux.development/ncurses2.txt
+ *
+ * Both authors have expressed their consent to use this code freely.
Portions of this software are copyright © 1996-2000 The FreeType Project (www.freetype.org). All rights reserved.
ATTACHMENT 2
AT&T Terms of Service & Acceptable Use Policy
These Terms of Service & Acceptable Use Policy (the "Terms") govern your use of AT&T Internet Services' AT&T Wi-Fi service ("Service") and the AT&T Internet Services network ("Network"). If you connect to the AT&T Wi-Fi service via one of AT&T's roaming partners, your use of the Service will also be governed by that provider's Terms of Service and Acceptable Use Policy, which will be available on the first screen that you see when you access the Wi-Fi service. Before using the Service, read the following Terms. Your use of the Service represents your agreement to these Terms. If you do not agree with these Terms, do not use the Service.
Terms of Service
Description of the Service
The Service is provided by AT&T Internet Services ("AT&T"). The Service provides you with wireless access to the Internet via certain AT&T high-speed Internet access points ("Locations") and, depending on your Service plan, certain roaming partner locations. AT&T offers two types of plans: (1) subscription plans for AT&T High Speed Internet Customers ("Subscription"); and (2) membership plans for those who do not have AT&T High Speed Internet ("Membership") (Membership plans include special offers such as the Starbucks Loyalty Membership and Starbucks Partner Membership program). Membership customers are also subject to the terms of conditions of the applicable End User Membership Agreement.
AT&T may, but is not obligated to, extend its Locations through roaming agreements with other Internet Service Providers. If AT&T does extend its Locations and you access the Service of a roaming partner, you will be responsible for any applicable roaming charges if you do not subscribe to a roaming Service plan from AT&T.
Charges/Billing/Payment
You agree to pay all charges and fees specified when your ordered the Service, including any monthly recurring or nonrecurring charges, taxes, fees, surcharges or other assessments applicable to the Service. All AT&T charges for the Service are billed in advance. Membership customers are billed according to the terms and conditions of the Membership Agreement. Subscription customers' charges will appear monthly on the AT&T portion of your AT&T local telephone bill. The Service is provided on a month-to-month basis and the monthly charges are subject to change. Payment for the Service is due on the date specified on the AT&T local telephone bill. If any portion of payment is received after the payment due date, a monthly late charge may apply. The monthly late charge will be administered according to standard AT&T billing procedures and will not exceed the highest amount allowed by law. The late charge will be applied to the entire outstanding balance for each month or portion thereof for which the balance remains unpaid. In the event you fail to pay charges, AT&T may suspend or terminate your Service and may assign unpaid late balances to a collection agency for appropriate action. In the event legal action is necessary to collect on balances due, you agree to reimburse AT&T for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You also agree to pay all current charges for the Service as well as taxes and fees assessed against you or AT&T on the charges and all late payment, interest or other fees as stated on your bill. You will also be charged a fee for any check returned to AT&T relating to the Service. AT&T may modify its billing practices or late payment charges by providing you with prior written notice of the modification.
Service Suspension/Termination/Cancellation
AT&T respects freedom of expression and believes it is a foundation of our free society to express differing points of view. AT&T will not terminate, disconnect or suspend service because of the views you or we express on public policy matters, political issues or political campaigns. However, AT&T may immediately terminate or suspend all or a portion of your Service, without notice, for conduct that AT&T believes (a) violates the Acceptable Use Policy, set forth below; or (b) constitutes a violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws) or a violation of these Terms, or any applicable policies or guidelines. Your Service may be suspended or terminated if your payment is past due and such condition continues un-remedied for thirty (30) days. Termination or suspension by AT&T of Service also constitutes termination or suspension (as applicable) of your license to use any Software. AT&T may also terminate or suspend your Service if you provide false or inaccurate information that is required for the provision of Service or is necessary to allow AT&T to bill you for Service. Membership customers: customer cancellation of Services is governed by the terms and conditions of your Membership Agreement. Subscription customers: you may cancel your subscription to the Service at any time by contacting AT&T. If canceled after the first month, subscription charges will be prorated to the date the Service is cancelled. If you disconnect your DSL or Dial Internet access services, your subscription to the Service will also automatically cancel.
Modifications to the Service / Updates to the Terms
AT&T reserves the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Service (or any function or feature of the Service or any part thereof, including but not limited to rates and charges) with or without notice. You agree that AT&T will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. Without limiting the foregoing, AT&T may post, or email, notices of changes in the Service. It is your responsibility to check our website and your AT&T email address for any such notices. You agree that AT&T will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service.
These Terms may be updated or changed from time to time. The current Terms shall be posted at: ("Website"). If AT&T makes a change to these Terms and that change has a material impact on the Service, you will be provided electronic notice of that change via e-mail or other written notice. Your continued use of the Service following such notice constitutes your acceptance of those changes. If you do not agree to the revisions, you must terminate your Service immediately.
Operational Limits of the Service.
Provisioning of the Service is subject to the availability and the operational limitations of the requisite equipment and associated facilities. You understand and agree that temporary interruptions of the Service may occur as normal events in the provision of the Service and that AT&T will not be liable for such interruptions. You further understand and agree that AT&T has no control over third party networks you may access in the course of your use of the Service, and therefore, delays and disruptions of other network transmissions are beyond the control of AT&T. AT&T will not be liable for any failure of performance, if such failure is due to any cause beyond AT&T's reasonable control, including acts of God, fire, explosion, vandalism, nuclear disaster, terrorism, cable cut, storm or other similar occurrence, any law, order or regulation by any government, civil, or military authority, national emergencies, insurrections, riots, wars, labor difficulties, supplier failures, shortages, breaches, or delays, or delays caused by you or your equipment.
Registration/Customer Information/Password Security
All information that you provide to AT&T must be accurate, including your name, email address, physical address, credit or charge card numbers and expiration dates and any Service payment information ("Registration Data"). You are responsible for keeping such information up-to-date and must provide changes promptly to AT&T. You agree to keep confidential your log-in ID and password and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality. You are also solely and fully responsible and liable for all activities that occur under your member ID. You agree to immediately notify AT&T if you suspect any breach of security such as loss, theft, or unauthorized disclosure or use of your member ID or password.
Third Party Content Disclaimer/ Links to Third Party Sites
Materials provided by Third Party Providers have not been independently authenticated in whole or in part by AT&T. AT&T does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by AT&T. This Service may be linked to other websites which are not under the control of and are not maintained by AT&T. AT&T is not responsible for the content of those sites. AT&T is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by AT&T of those sites.
Privacy Policy
Registration data and certain other information about you is subject to the AT&T Wi-Fi Privacy Policy. For more information see: http://secure.sbc.com/privacy_statement.adp.
General Use Restrictions
Subject to your acceptance of and compliance with these Terms, payment to AT&T for the Service and compliance with all AT&T Online Policies identified below, you are hereby granted the right to use the Service through a non-exclusive, non-transferable and non-assignable limited license. The Service is provided for your use only (unless otherwise specifically stated) and you agree not to reproduce, duplicate, copy, sell, transfer, resell or exploit for any commercial purposes your subscription to or membership in the Service, any portion of the Service, use of the Service, or access to the Service. You have no right to resell, sublicense, assign or transfer your right to access the Service or use the AT&T Network. All information, documents, products, and software (the "Materials") provided with this Service were provided by or to AT&T Internet Services (AT&T) by their respective manufacturers, authors, developers, licensees and vendors (including, without limitation, Wayport, Inc.) (the "Third Party Providers") and are the copyrighted work of AT&T and/or the Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, resold, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of AT&T or the Third Party Provider. You also may not, without AT&T' prior express written permission, "mirror" any Material provided with this Service on any other server. Nothing provided with this Service shall be construed as conferring any license under any of AT&T' or any Third Party Provider's intellectual property rights, whether by estoppels, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Any unauthorized use of any Materials provided with or through this Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Software Use Restrictions
Any software that is made available to download with the Service (the "Software") is the copyrighted work of AT&T and/or Third Party Providers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (the "License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the terms of the License Agreement. Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited.
Installation assistance, product support and maintenance, if any, of the Software is available from AT&T and/or the Third Party Providers, as the case may be.
SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
Submissions
Unless otherwise explicitly stated, any Materials provided by you in connection with this Service shall be deemed to be provided on a non-proprietary and non-confidential basis. AT&T shall have no obligation of any kind with respect to such Materials and shall be free to use or disseminate such Materials on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Materials that you submit, and you, not AT&T, have full responsibility for the Materials, including their legality, reliability, appropriateness, originality and copyright.
Disclaimer of Warranties
UNLESS OTHERWISE EXPLICITY STATED, THE MATERIALS AND THE SERVICE ARE PROVIDED "AS IS", AND ARE FOR PERSONAL USE ONLY. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. AT&T MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS PROVIDED WITH THE SERVICE. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS. HOWEVER, AT&T DOES NOT AUTHORIZE ANYONE OT MAKE A WARRANTY ON AT&T' BEHALF AND YOU MAY NOT RELY ON ANY STATEMENT OF WARRANTY BY A THIRD PARTY AS A WARRANTY OF AT&T.
Limitation of AT&T Liability
AT&T SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. MOREOVER, IN NO EVENT SHALL AT&T BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOST REVENUE, LOST PROFITS, LOSS OF USE, LOSS OF DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER THEY ARISE, WHETHER FOR BREACH OR IN TORT, EVEN IF AT&T HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS WHERE PERMITTED, AT&T' SOLE LIABILITY TO YOU UNDER THESE TERMS SHALL BE LIMITED TO THE TOTAL AMOUNT OF MONEY PAID TO AT&T BY YOU FOR USE OF THE SERVICE.
Indemnity
You agree to indemnify and hold harmless AT&T and its subsidiaries, affiliates, officers, agents, co-branders, licensors or other partners and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) content you submit, post, transmit or otherwise make available through the Service; (b) your use of the Service; (c) your violation of these TOS; (d) your violation of the AUP; (d) your violation of any rights of another; and (e) use of your account and any Sub-Account whether or not such usage is expressly authorized by you.
Liability of Customer
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SERVICE AND WILL NOT MAKE A CLAIM AGAINST AT&T FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE SERVICE AND MATERIALS.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS AT&T (INCLUDING ITS PARENT AND AFFILIATE COMPANIES, EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS) FROM, AND YOU COVENANT NOT TO SUE AT&T FOR, ANY CLAIMS BASED ON, OR STEMMING FROM, YOUR USE OF THE SERVICE AND MATERIALS.
Local Laws; Export Control
AT&T and/or the applicable Third Party Provider control and operate this Service from its or their headquarters in various locations in the United States of America and makes no representation that these Materials or the Service are appropriate or available for use in other locations. If you use this Service or the Materials from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
Unless otherwise explicitly stated, all marketing or promotional materials provided with or through this the Materials or the Service are solely directed to individuals, companies or other entities located in the United States, the United Kingdom and Australia. You acknowledge and agree that Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product there from, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice from AT&T, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
U.S. Government Rights
The Materials on this Service are provided with the following restrictions: Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in the FAR 52.227-19 (June 1987), FAR 52.227-14 (ALT II & ALT III) (June 1987), or if DoD, as specified in DFARS 252.7202-1(a) and 252.7202-3(a) and vendor's applicable license terms, and DFARS 252.227-7013 (Nov 1995) and 252.227-7014(Nov 1995), as applicable. Use of the Materials by the U.S. Government constitutes acknowledgment of AT&T' and/or the Third Party Provider's proprietary rights in them.
General
This Service could include inaccuracies or typographical errors. Any action related to these Terms will be governed by Texas law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. These Terms provide basic guidelines for your use of the Service, and will be enforced in conjunction with other Terms of Service or Membership Agreement, if any, that govern AT&T products or services that you use or that you have purchased. In the event that any provision of these Terms shall be rendered invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable any other provision of these Terms and these Terms shall continue in full force and effect and be construed as if they did not contain the invalid or unenforceable provision.
Infringement of Intellectual Property Rights
You are prohibited from infringing, publishing, submitting, copying, uploading, downloading, posting, transmitting, reproducing, or distributing software, video or audio content, or any other material that is protected by copyright, trademark, patent, trade secret, any other type of intellectual property rights, trademark laws (by rights of privacy or publicity) or other proprietary right of any party unless you own or control the rights thereto or have received all necessary consent to do the same. This prohibition includes the use of any material or information including images or photographs that are made available through an AT&T site or Service(s).
For more information about AT&T's copyright protection practices under the Digital Millennium Copyright Act (DMCA) of 1998, and for information on how to contact AT&T's DMCA agent, please refer to: www.att.net/legal/copyright
ACCEPTABLE USE POLICY
The AT&T Acceptable Use Policy is designed to help protect AT&T's assets, the assets of its Customers, and the Internet community, from irresponsible or illegal activities of AT&T Customers and its Users. These activities may disrupt or degrade AT&T IP Services, pose a threat to AT&T's assets, expose AT&T (or other providers of IP Services) to claims of civil or criminal liability or other legal sanctions. Moreover, because of various conventions used in the industry (including blocking, filtering and blacklisting) these activities may impair AT&T's ability to interconnect with other providers of IP Service. These activities may relate to the content stored or transmitted by Customers or its Users or to the nature of the transmissions themselves such as sending large numbers of unsolicited messages (Spam).
Customers are responsible for avoiding the prohibited activities and strictly following the AUP terms set forth herein.
AUP Coverage
The AT&T Acceptable Use Policy ("AUP") applies to the services that provide (or include) access to the Internet, services provided over the Internet, and Hosting services (collectively "IP Services"). Customer is responsible for the actions of others who may be using the IP Service(s) under Customer's account. It is Customer's obligation to take whatever measures are necessary to protect access to Customer's account (e.g., to keep the access password secure). If a Customer or its User(s) violate the AUP, AT&T may, depending on the nature and severity of the violation, suspend or terminate service, as specified below.
Customer may have access through the AT&T network(s) and Service(s) to search engines, subscription web services, chat areas, bulletin boards, web pages, USENET, or other services that promulgate rules, guidelines or agreements to govern their use. Failure to adhere to any such rules, guidelines, or agreements shall be a violation of this AUP.
AT&T is aware that some of its Customers are, themselves, providers of Internet based services, and that information reaching AT&T network(s) or facilities from those Customers may have originated from the AT&T Customer or from another third-party. AT&T reserves the right to take action against AT&T Customer and directly against such Customers' subscribers, even though the AT&T's corrective action may affect other non-offending subscribers of the AT&T Customer.
AUP Enforcement and Notice
Customer's failure to observe the guidelines set forth in this AUP may result in AT&T taking actions anywhere from a warning to a suspension of privileges or termination of your Service(s). AT&T reserves the right, but does not assume the obligation, to strictly enforce the AUP. When feasible, AT&T may provide Customer with notice of an AUP violation via e-mail or otherwise and demand that such violation is immediately corrected.
However, AT&T reserves the right to act immediately and without notice to suspend or terminate IP Service(s) in response to a court order or other legal requirement that certain conduct should be stopped or when AT&T determines, in its sole discretion, that the conduct may: (1) expose AT&T to sanctions, prosecution, civil action or any other liability, (2) cause harm to or interfere with the integrity or normal operations of AT&T's network(s) or facilities, (3) interfere with another person's use of AT&T's IP Service(s) or the Internet, or (4) otherwise present a risk of harm to AT&T or AT&T Customers or other parties AT&T interconnects with.
AT&T's decisions with respect to interpretation of the AUP and appropriate remedial actions are final and determined by AT&T in its sole discretion. AT&T may refer potential violations of law(s) to the proper authorities, may cooperate in the investigation of any suspected criminal or civil wrongdoing, and will cooperate with authorities when required to do so by law, subpoena, or when the public safety is at stake. AT&T assumes no obligation to inform you that your information has been disclosed, and, in some cases, may be prohibited by law from providing such notice.
AT&T does not, as an ordinary practice, proactively monitor the activities of those who use its IP Service(s) or exercise any editorial control over any material transmitted, hosted or posted using IP Services to ensure that its Customers comply with the AUP and/or the law, although it reserves the right to do so. If AT&T is alerted to violations or potential violations of this AUP, AT&T will take whatever measures it deems necessary and appropriate to stop or prevent such violations including the actions described in this AUP. For example, AT&T may in its sole discretion refuse to transmit, screen, or editing content prior to delivery of the IP Service(s), block access to certain categories of numbers or certain sites as AT&T determines needed to enforce these policies.
If your Service is suspended or terminated for any AUP violation, you must get written approval from the AT&T Abuse Team (outside of the normal ordering process) prior to reactivating or ordering new service. In any case, AT&T may, in its discretion, decline to reinstate your Service. If AT&T approves you for reinstatement or new service, set-up fees, reactivation fees or deposits may apply. If AT&T discovers that you have renewed Service, or ordered new Service, following termination for an AUP violation without the prior written consent of the AT&T abuse team, it may terminate your Service without further notice. In such case, you are responsible for any applicable early termination charges.
AT&T will not issue any refunds, credits or other forms of compensation for the period when IP Service(s) have been suspended as a result of violation(s) or alleged violation(s) of this AUP.
AT&T shall not be liable for any damages of any nature suffered by any Customer, User, or third party resulting in whole or in part from AT&T's exercise of its rights under this AUP.
Prohibited Actions
AT&T respects freedom of expression and believes it is a foundation of our free society to express differing points of view. AT&T will not terminate, disconnect or suspend service because of the views you or we express on public policy matters, political issues or political campaigns. AT&T is committed at all times, however, to complying with the laws and regulations governing use of the Internet and e-mail transmissions and to preserving for all of its Customers the ability to use AT&T's network and the Internet without interference or harassment from other users. AT&T prohibits use of its IP Services in any way that is unlawful, interferes with use of AT&T's network or the Internet, interferes in any way with the usage or enjoyment of services received by others, infringes intellectual property rights, results in the publication of threatening or offensive material, constitutes Spam/E-mail/Usenet abuse, or presents security or privacy risks. Customer will not resell or provide Service(s) to unauthorized third parties, whether as part of a commercial enterprise or otherwise.
Customer is prohibited from engaging in any other activity, whether legal or not, that AT&T determines in its sole discretion, to be harmful to its subscribers, operations, network(s).
Unlawful Activities
AT&T IP Services shall not be used in connection with any criminal, civil or administrative violation of any applicable local, state, and provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule.
By using the IP Service(s), Customer represents and warrants to AT&T that Customer (and its Users) are not resident(s) of any country or affiliated with any of organization prohibited to do business within the United States as defined and set forth at: http://www.treas.gov/ofac and http://www.bxa.doc.gov/dpl/thedeniallist.asp. Accounts registered using false or misleading information may be terminated immediately and without notice.
Intellectual Property
You are prohibited from infringing, publishing, submitting, copying, uploading, downloading, posting, transmitting, reproducing, or distributing software, video or audio content, or any other material that is protected by copyright, trademark, patent, trade secret, any other type of intellectual property rights, trademark laws (by rights of privacy or publicity) or other proprietary right of any party unless you own or control the rights thereto or have received all necessary consent to do the same. This prohibition includes the use of any material or information including images or photographs that are made available through an AT&T site or Service(s).
For more information about AT&T's copyright protection practices under the Digital Millennium Copyright Act (DMCA) of 1998:, and for information on how to contact AT&T's DMCA agent, please refer to: http://www.att.net/legal/copyright.
Offensive or Threatening Material or Content
AT&T IP Services shall not be used to host, post, transmit, or re-transmit any content or material that is threatening, harassing, obscene, indecent, hateful, malicious, racist, fraudulent, deceptive, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise harmful or offensive to third parties, treasonous, excessively violent or promotes the use of violence, or provides instruction, information or assistance in causing or carrying out violence against any government, organization, group or individual, or provides guidance, information or assistance with respect to causing damage or security breaches to AT&T's network or to the network of any other IP Service provider. Customer shall not create or attempt to utilize a domain name that is fraudulent, indecent, offensive, deceptive, threatening, abusive or harassing.
Interaction with Minors
AT&T has a zero tolerance policy regarding use of its Service to engage in inappropriate conduct with a minor (anyone under 18 years of age). You shall not knowingly collect or solicit personal information from a minor without the express consent of the parent or guardian of the minor, nor shall you use this Service to harm or intimidate a minor. AT&T complies with all federal and state laws pertaining to the protection of minors, including the reporting of all apparent cases of child pornography or exploitation to the National Center for Missing and Exploited Children. For more information about online safety, visit www.ncmec.org or www.att.com/safety.
Spam/E-mail/Usenet Abuse
Violation of the CAN-SPAM Act of 2003, or any state or federal law regulating e-mail services, constitutes an automatic violation of this AUP and AT&T reserves the right to seek damages and other available relief against Customer, as applicable.
Spam/E-mail/Usenet Abuse is prohibited on AT&T IP Services. Examples of Spam/E-mail/Usenet Abuse include but are not limited to the following activities:
- Sending unsolicited electronic mail messages and "mail-bombing" (sending mass unsolicited e-mail messages to a single user, or group of users, commercial or otherwise, or deliberately sending very large attachments to one recipient) using IP Service(s) are prohibited.
- using another site's mail server to relay mail without the express permission of the site;
- using another computer, without authorization, to send multiple e-mail messages or to retransmit e-mail messages for the purpose of misleading recipients as to the origin;
- using IP addresses that the Customer does not have a right to use;
- collecting the responses from unsolicited electronic messages;
- maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages;
- spamming, or sending unsolicited commercial e-mail, sending unsolicited electronic messages with petitions for signatures, or any chain mail related materials, or requests for charitable donations;;
- sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party's quiet enjoyment of the AT&T IP Services or the Internet (e.g., through language, frequency, size or otherwise);
- sending bulk (i.e., twenty-five or more recipients) electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;
- using distribution lists containing addresses that include those who have opted out;
- sending electronic messages that do not accurately identify the sender, the sender's return address, the e-mail address of origin, or other information contained in the subject line or header.
- forging headers or identifiers in order to disguise the origin of e-mail;
- use of redirect links in unsolicited commercial e-mail to advertise a website or service;
- posting a single message, or messages to online forums or newsgroups, that could reasonably be expected to provoke complaints;
- posting messages to or canceling or superseding messages on an online forum or newsgroup in a manner that violates the rules of the forum or newsgroup or that contain forged header information.
- sending bulk electronic messages in quantities that exceed standard industry norms or that create the potential for disruption of the AT&T network or of the networks with which AT&T interconnects
- intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for other parties
- knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends
- using, distributing, advertising, transmitting, or otherwise making available any software program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, including, but not limited to, the facilitation of the means to spam;
Security Violations
It is Customer's responsibility to ensure the security of its network and the machines that connect to and use IP Service(s). You are responsible for configuring and securing your services to prevent damage to the AT&T network and/or the disruption of Service(s) to other customers, and ensuring that your customers and users use the Service(s) in an appropriate manner. Customer is required to take all necessary steps to manage the use of the IP Service(s) in such a manner that network abuse is prevented or minimized to the greatest extent possible. It is Customer's responsibility to take corrective actions on vulnerable or exploited systems to prevent continued abuse. Violations of system or network security are prohibited and may result in criminal and/or civil liability.
AT&T IP Services may not be used to interfere with, to gain unauthorized access to, or otherwise violate the security of AT&T's or another party's server, network, personal computer, network access or control devices, software or data, or other system, or to attempt to do any of the foregoing. Examples of violations of system or network security include but are not limited to:
- intercepting, interfering with or redirecting e-mail intended for third parties, or any form of network monitoring, scanning or probing, or other action for the unauthorized interception of data or harvesting of e-mail addresses;
- hacking - attempting to attack, breach, circumvent or test the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;
- impersonating others in order to obtain another user's account password or other personal information.
- using the IP Service(s) to deliver spyware, or secretly or deceptively obtain the personal information of third parties (phishing, etc.), or engage in modem hi-jacking;
- using any program, file, script, command or the transmission of any message or content of any kind, designed to interfere with a terminal session or the access or use of the Internet or any other means of communication;
- distributing or using tools designed to compromise security, including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations);
- unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network; this would include use of sniffers or SNMP tools;
- falsifying packet header, sender, or User information whether in whole or in part to mask the identity of the sender, originator or point of origin;
- knowingly uploading or distributing files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
- engaging in the transmission of pirated software;
- with respect to dial-up accounts, using any software or device designed to defeat system time-out limits or to allow your account to stay logged on while you are not actively using the AT&T IP Service(s) or using your account for the purpose of operating a server of any type;
- using manual or electronic means to avoid any use limitations placed on the Services;
- gaining unauthorized access to private networks;
- violating rules, regulations, and policies applicable to any network, server, computer database, web site, or ISP that you access through the IP Service(s).
Where an AT&T Service account, service or feature description specifies limits on bandwidth, disk utilization, simultaneous connections, and/or aggregate data download or upload, use in excess of those limits is not permitted without an appropriate change in account type or status and may incur additional charges for such usage.
Bandwidth, disk utilization, simultaneous connections, and aggregate data downloads/uploads will be computed or determined by AT&T from time to time in developing its product and service offerings. In the event AT&T determines that an account is exceeding the relevant bandwidth, disk utilization, aggregate data download/upload limits, simultaneous connections, or reasonable session times, the account owner will generally be notified by E-mail. If the excess use continues after such notification, the owner may be requested to upgrade the type of account or to modify the activity creating the excess use, or the account may be terminated.
If excessive bandwidth, disk space utilization, simultaneous connections, aggregate data download or upload, or session length is determined to adversely affect AT&T's ability to provide service, immediate action may be taken. The account owner may be notified by e-mail as soon as practical thereafter.
Customer Responsibilities
Customer remains solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the IP Services. AT&T takes no responsibility and assumes no liability for any material created or accessible on or through the AT&T network(s) using IP Service(s), or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity Customer (or its Users) may encounter. As the provider of IP Service(s), AT&T is only a forum and is not liable for any statements, representations, or content provided by the users of IP Services in any public forum. AT&T shall not be obligated to monitor or exercise any editorial control over such material, but reserves the right to do so. In the event that AT&T becomes aware that any such material may violate this AUP, other applicable terms of use or contract provisions, and/or expose AT&T to civil or criminal liability, AT&T reserves the right to block access to such material and suspend or terminate the Service of any user creating, storing or disseminating such material. AT&T further reserves the right to conduct investigations into fraud, violations of the Terms of Service, this AUP or other laws or regulations, and to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the user that AT&T deems responsible for the wrongdoing.
Customer agrees to indemnify and hold AT&T harmless from any claim, action, demand, loss, or damage (including attorneys' fees) made by any third party against AT&T as a provider of the IP Service(s) arising out of or relating to any violation(s) of this AUP by Customer (or its Users).
Incident Reporting
Any complaints (other than claims of copyright or trademark infringement) regarding violation of this AUP by an AT&T Customer (or its User) should be directed to abuse@att.net. Where possible, include details that would assist AT&T in investigating and resolving such complaint (i.e. expanded headers and a copy of the offending transmission).
Revisions to the AUP
AT&T reserves the right to modify its Acceptable Use Policy at any time, and effective when posted to AT&T's web site (http://www.corp.att.com/aup). Notice of any change to this AUP may also be provided to a Customer via electronic mail, if Customer subscribes to AT&T's automated notification system regarding any AUP changes. It is your responsibility to notify AT&T of any change of address. You must respond in a timely manner to complaints concerning misuse of the Service(s) obtained from AT&T. Failure to responsibly manage the use of the Service(s) obtained from AT&T may be cause for termination of Service(s) to you and, depending upon the terms under which you acquired your Service(s), could lead to the imposition of early termination fees.
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