The Vent and Rant Thread

[wannabee]

Originally Posted by SneakySnake

OK real rant.

Why can't I find a simple terms of use from someone else's website that I can copy and paste and edit a bit to fit?

All the simple web sites don't seem to have them I think I want one in our web site even if it is an information only site.

I could write one, but that requires thinking.

What about the standard terms that we all click OK to but never read.

Spoiler:

NOOK for PC End User License Agreement

THIS NOOK FOR PC END USER LICENSE AGREEMENT (“AGREEMENT”) IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU THE LICENSEE OF THE NOOK FOR PC SOFTWARE PROVIDED WITH THIS AGREEMENT (“LICENSEE”) AND BARNESANDNOBLE.COM LLC. (“BN”). CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT PRIOR TO USING THE SOFTWARE. BY USING THE SOFTWARE, LICENSEE IS CONSENTING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, LICENSEE MUST REMOVE THE SOFTWARE FROM LICENSEE'S COMPUTER. YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO BIND THE LICENSEE TO THE TERMS OF THIS AGREEMENT.

1. DEFINITIONS.

a. “Documentation” shall mean any manuals and/or user documentation provided by BN for use in connection with the Software.
b. “Software” shall mean the object code version of BN’s electronic book reader software.
c. “Products” shall mean the Software and the Documentation.

2. LICENSE GRANT.
a. Subject to the terms and conditions of this Agreement, BN hereby grants to Licensee a limited, non-exclusive, non-transferable license to install and use a single copy of the Software on any computer or handheld device owned by the Licensee, solely internally and solely to view electronic books, digital magazines, digital newspapers, digital journals and other periodicals, blogs and other digital content (“Digital Content”) for Licensee’s personal or internal business use. Licensee may make one (1) copy of the Products only as necessary for backup or archive purposes in support of Licensee’s use of the Products.
b. Third-Party Software. Certain portions of the Software are subject to separate licensing terms as set forth in Attachment 1. By using the Software, you agree that you have read, understand and agree to be bound by such terms.
3. DOCUMENTATION LICENSE. Subject to the terms and conditions of this Agreement, BN hereby grants to Licensee a non-exclusive, non-transferable license to use the Documentation internally in connection with Licensee’s authorized use of the Software.

4. PROHIBITED USES. Licensee will not and will not permit others to: (a) use the Products for any commercial purpose except for the internal business use expressly authorized in Section 2 above, (b) disclose or copy the Products; (c) disassemble, decompile, recast, or reverse engineer the Software or otherwise attempt to access its source code; (d) rent, loan, lease, sublicense, transfer, network, reproduce, display, distribute, or otherwise make any of the Products available to any third party; (e) copy the Products in any form except as expressly authorized by this Agreement; or (f) modify, alter, delete or obscure any proprietary rights notice embedded in or affixed to the Products.

5. INTELLECTUAL PROPERTY. BN and its licensors shall own all right, title and interest in and to the Products, and all enhancements, bug fixes, upgrades, modifications, customizations, improvements, derivative works, whether or not developed by BN, and copies thereof, and all information, methods and processes and intellectual property rights therein (collectively, the “Intellectual Property”). No rights are granted except those expressly set forth in Section 2 and Section 3 and BN and its licensors expressly reserve all right, title and interest in and to the Products not expressly granted herein. Licensee acknowledges and agrees that the Software has been licensed to Licensee pursuant to the terms and conditions of this Agreement and that the Software has not been sold to Licensee.

6. USE OF CONTENT. Licensee agrees that the use, reproduction, display and/or distribution of any Digital Content, text, graphics or other materials (“Content”) in connection with the use of the Software may be restricted by applicable laws and regulations, including without limitation, copyright laws. Licensee represents and warrants that Licensee has obtained all necessary rights to use, modify, reproduce or distribute any Content in connection with Licensee’s use of the Software. Licensee further represents and warrants that Licensee’s use, reproduction, display and/or distribution of Content in connection with and the use of the Software shall be in compliance with any applicable laws and regulations, including without limitation, copyright laws, and that BN shall have no duty to and shall not investigate or verify Licensee’s use of the Software or right to use any Content. Licensee shall defend, indemnify and hold BN harmless from and against any claims alleging that Licensee’s use, reproduction, display and/or distribution of the Content infringes any third party proprietary rights and/or is not in compliance with all applicable laws and regulations, including copyright laws. Licensee shall not settle or compromise any claim subject to this Section without BN’s prior written approval.

7. LIMITED WARRANTY. BN represents and warrants to Licensee that for a period of ninety (90) days following Licensee’s download of the Software (the “Warranty Period”) the Software shall operate substantially in accordance with the Documentation; provided that: (a) the Software has not been subject to misuse, neglect, alteration, modification, customization, improper use or operation, improper installation or unauthorized repair; (b) BN is notified in writing of any defect during the Warranty Period; (c) all associated equipment, software and environmental conditions have been properly maintained in accordance with applicable specifications and industry standards; and (d) no other equipment, software, or other technology creating an adverse impact on the Software has been introduced.

BN EXPRESSLY DOES NOT WARRANT THAT THE PRODUCTS WILL OPERATE ERROR FREE. EXCEPT AS SPECIFICALLY CONTAINED IN THIS SECTION, THE PRODUCTS ARE PROVIDED TO LICENSEE WITHOUT, AND BN EXPRESSLY DISCLAIMS, ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. IN ADDITION AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, ANY AND ALL THIRD PARTY SOFTWARE INCORPORATED INTO THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

LICENSEE’S SOLE AND EXCLUSIVE REMEDY FOR FAILURE OF THE PRODUCTS TO MEET THE FOREGOING WARRANTY SHALL BE LIMITED TO HAVING BN, AT BN’S OPTION, UNDERTAKE TO REPAIR DOCUMENTED REPRODUCIBLE DEFECTS WITHIN A REASONABLE PERIOD OF TIME, REPLACE THE PRODUCTS OR TERMINATE THIS AGREEMENT AND REFUND THE FEES PAID BY LICENSEE FOR THE DEFECTIVE PRODUCT, IF ANY.

8. NO SUPPORT. Except as provided in Section 7, BN does not warrant that it will develop or deliver any updates or future releases of the Products or otherwise support the Products. BN may, in its sole discretion, provide support to its licensees from time to time but in doing so BN undertakes no obligation to provide support thereafter.

9. LIMITATION OF LIABILITY.
a. CONSEQUENTIAL DAMAGES WAIVER. IN NO EVENT SHALL BN AND/OR ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY), OR FOR LOST DATA OR LOST PROFITS, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
b. LIMITATION OF LIABILITY. BN AND ITS AFFILIATES’ AND LICENSORS’ TOTAL, AGGREGATE LIABILITY FOR DAMAGES ARISING FROM, RELATING TO, OR CONNECTED WITH LICENSEE’S USE OF THE SOFTWARE OR THIS AGREEMENT SHALL NOT IN ANY EVENT EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS (USD$100).
c. ALLOCATION OF RISK. LICENSEE AND BN AGREE THAT THE FOREGOING SECTIONS 9(a) AND 9(b) ON LIMITATION OF LIABILITY AND SECTION 7 ABOVE ON WARRANTY AND WARRANTY DISCLAIMER FAIRLY ALLOCATE THE RISKS IN THE AGREEMENT BETWEEN THE PARTIES. LICENSEE AND BN FURTHER AGREE THAT THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES AND THAT THE LIMITATIONS SPECIFIED IN THIS SECTION 9 SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR ANY LIMITED REMEDY HEREUNDER.
d. LICENSEE MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO LICENSEE DEPENDING ON HER, HIS, OR ITS STATE OF RESIDENCE.

10. TERM AND TERMINATION. This Agreement shall commence on the date Licensee installs the Software and continue in effect until terminated as set forth in this Section 10. BN may immediately terminate this Agreement without notice upon the failure by Licensee to comply with any term or condition of this Agreement. Licensee may terminate this Agreement at any time by destroying the Products together with all copies and merged portions in any form.
a. EFFECT OF TERMINATION. In the event of a termination of this Agreement, Licensee shall immediately destroy all copies of the Products. In addition, upon request from BN, Licensee shall promptly provide to BN written certification, signed by an Officer of Licensee, of Licensee’s destruction of the Products.
b. SURVIVAL. The following provisions shall survive termination or expiration of this Agreement: 1 (“Definitions”), 4 (“Prohibited Uses”), 5 (“Intellectual Property”), 9 (“Limitation of Liability”), 10 (“Term and Termination”) 11 (“U.S. Government Restricted Rights”), 12 (“Export Control”) and 13 (“General”).

11. U.S. GOVERNMENT RESTRICTED RIGHTS. The software licensed under this Agreement is commercial computer software as that term is described in 48 C.F.R. 252.227-7014(a)(1). If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal Acquisition Regulations (“FAR”) and its successors. If acquired by or on behalf of any agency within the Department of Defense (“DOD”), the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement (“DFAR”) and its successors.

12. EXPORT CONTROL. Licensee shall not export, directly or indirectly, the Products, technical data or software acquired or to be provided under this Agreement, or the direct product of any such technical data or software, to any country for which the United States Government or any agency thereof, at the time of export, requires an export license or other government approval, without first obtaining such license or approval.

13. GENERAL. Licensee will not assign or transfer any rights or obligations under this Agreement, whether by merger, operation of law or otherwise, without the prior written consent of BN, and any attempted assignment or transfer without such prior written consent shall be null and void. BN may freely transfer its rights or obligations under this Agreement. If any provision of this Agreement is held by a court of law to be illegal, invalid or unenforceable that provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of the Agreement will remain in full force and effect. This Agreement will be governed by the laws of the State of New York without reference to conflict of laws principles. Each of the parties irrevocably consents to the exclusive personal jurisdiction of and waive any venue objections against, the United States District Court for the Southern District of New York, in any litigation arising out of or relating to the Agreement. Notwithstanding the foregoing, BN may bring an action in any jurisdiction to obtain an injunction to protect BN’s intellectual property rights. The applicability of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (even if adopted in New York) are explicitly excluded. The titles and headings herein are for reference purposes only and shall not in any manner limit the construction of this Agreement, which shall be considered as a whole. Any terms or conditions of any invoice or invoice acknowledgement form which are in addition to or inconsistent with the terms of this Agreement will be deemed stricken from such invoice or invoice acknowledgement, notwithstanding any acknowledgement or acceptance of such invoice or invoice acknowledgement. This Agreement constitutes the entire agreement with respect to the subject matter hereunder and supersedes any and all prior or contemporaneous oral or written agreements, negotiations, communications, understandings and terms, whether express or implied regarding the subject matter. No subsequent alteration, waiver, amendment, change or addition to this Agreement (“Amendment”) will be binding and valid unless in writing and signed by the parties, and then such Amendment shall be effective only in the specific instance and for the specific purpose stated. The language of this Agreement will be construed not strictly for or against either party, regardless of who drafted or was principally responsible for drafting this Agreement or any specific term or conditions hereof. The English language will be the controlling language of this Agreement. Any suppliers, licensors, and affiliates of B&N, INC. are direct and intended third-party beneficiaries of this Agreement, including without limitation the disclaimers of warranties and limitations on liability set forth herein. All communications and notices giving pursuant to this Agreement will be in the English language.

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 Apple Public Source License, a copy of which is attached as Exhibit A (the “APSL”). You may not use these components except in compliance with the APSL. In addition, you may have additional rights with respect to such components under the APSL.
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.
3. Notwithstanding anything to the contrary in this Agreement, certain components of the Software are licensed subject to the GNU Library General Public License version 2.0, a copy of which is attached as Exhibit C (the “Library GPL”). You may not use these components except in compliance with the Library GPL. In addition, you may have additional rights with respect to such components under the Library GPL.

4. Notwithstanding anything to the contrary in this Agreement, certain components of the Software are licensed subject to the Microsoft Public License, a copy of which is attached as Exhibit D (the “MS PL”). You may not use these components except in compliance with the MS-PL. In addition, you may have additional rights with respect to such components under the MS-PL.

5. 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 E. 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

APPLE PUBLIC SOURCE LICENSE

Version 2.0 - August 6, 2003
Please read this License carefully before downloading this software. By downloading or using this software, you are agreeing to be bound by the terms of this License. If you do not or cannot agree to the terms of this License, please do not download or use the software.
1. General; Definitions. This License applies to any program or other work which Apple Inc. ("Apple") makes publicly available and which contains a notice placed by Apple identifying such program or work as "Original Code" and stating that it is subject to the terms of this Apple Public Source License version 2.0 ("License"). As used in this License:

1.1 "Applicable Patent Rights" mean: (a) in the case where Apple is the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned by or assigned to Apple and (ii) that cover subject matter contained in the Original Code, but only to the extent necessary to use, reproduce and/or distribute the Original Code without infringement; and (b) in the case where You are the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned by or assigned to You and (ii) that cover subject matter in Your Modifications, taken alone or in combination with Original Code.

1.2 "Contributor" means any person or entity that creates or contributes to the creation of Modifications.

1.3 "Covered Code" means the Original Code, Modifications, the combination of Original Code and any Modifications, and/or any respective portions thereof.

1.4 "Externally Deploy" means: (a) to sublicense, distribute or otherwise make Covered Code available, directly or indirectly, to anyone other than You; and/or (b) to use Covered Code, alone or as part of a Larger Work, in any way to provide a service, including but not limited to delivery of content, through electronic communication with a client other than You.

1.5 "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.

1.6 "Modifications" mean any addition to, deletion from, and/or change to, the substance and/or structure of the Original Code, any previous Modifications, the combination of Original Code and any previous Modifications, and/or any respective portions thereof. When code is released as a series of files, a Modification is: (a) any addition to or deletion from the contents of a file containing Covered Code; and/or (b) any new file or other representation of computer program statements that contains any part of Covered Code.

1.7 "Original Code" means (a) the Source Code of a program or other work as originally made available by Apple under this License, including the Source Code of any updates or upgrades to such programs or works made available by Apple under this License, and that has been expressly identified by Apple as such in the header file(s) of such work; and (b) the object code compiled from such Source Code and originally made available by Apple under this License

1.8 "Source Code" means the human readable form of a program or other work that is suitable for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an executable (object code).

1.9 "You" or "Your" means an individual or a legal entity exercising rights under this License. For legal entities, "You" or "Your" includes any entity which controls, is controlled by, or is under common control with, You, where "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.

2. Permitted Uses; Conditions & Restrictions. Subject to the terms and conditions of this License, Apple hereby grants You, effective on the date You accept this License and download the Original Code, a world-wide, royalty-free, non-exclusive license, to the extent of Apple's Applicable Patent Rights and copyrights covering the Original Code, to do the following:

2.1 Unmodified Code. You may use, reproduce, display, perform, internally distribute within Your organization, and Externally Deploy verbatim, unmodified copies of the Original Code, for commercial or non-commercial purposes, provided that in each instance:

(a) You must retain and reproduce in all copies of Original Code the copyright and other proprietary notices and disclaimers of Apple as they appear in the Original Code, and keep intact all notices in the Original Code that refer to this License; and

(b) You must include a copy of this License with every copy of Source Code of Covered Code and documentation You distribute or Externally Deploy, and You may not offer or impose any terms on such Source Code that alter or restrict this License or the recipients' rights hereunder, except as permitted under Section 6.

2.2 Modified Code. You may modify Covered Code and use, reproduce, display, perform, internally distribute within Your organization, and Externally Deploy Your Modifications and Covered Code, for commercial or non-commercial purposes, provided that in each instance You also meet all of these conditions:

(a) You must satisfy all the conditions of Section 2.1 with respect to the Source Code of the Covered Code;

(b) You must duplicate, to the extent it does not already exist, the notice in Exhibit A in each file of the Source Code of all Your Modifications, and cause the modified files to carry prominent notices stating that You changed the files and the date of any change; and

(c) If You Externally Deploy Your Modifications, You must make Source Code of all Your Externally Deployed Modifications either available to those to whom You have Externally Deployed Your Modifications, or publicly available. Source Code of Your Externally Deployed Modifications must be released under the terms set forth in this License, including the license grants set forth in Section 3 below, for as long as you Externally Deploy the Covered Code or twelve (12) months from the date of initial External Deployment, whichever is longer. You should preferably distribute the Source Code of Your Externally Deployed Modifications electronically (e.g. download from a web site).

2.3 Distribution of Executable Versions. In addition, if You Externally Deploy Covered Code (Original Code and/or Modifications) in object code, executable form only, You must include a prominent notice, in the code itself as well as in related documentation, stating that Source Code of the Covered Code is available under the terms of this License with information on how and where to obtain such Source Code.

2.4 Third Party Rights. You expressly acknowledge and agree that although Apple and each Contributor grants the licenses to their respective portions of the Covered Code set forth herein, no assurances are provided by Apple or any Contributor that the Covered Code does not infringe the patent or other intellectual property rights of any other entity. Apple and each Contributor disclaim any liability to You for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, You hereby assume sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow You to distribute the Covered Code, it is Your responsibility to acquire that license before distributing the Covered Code.

3. Your Grants. In consideration of, and as a condition to, the licenses granted to You under this License, You hereby grant to any person or entity receiving or distributing Covered Code under this License a non-exclusive, royalty-free, perpetual, irrevocable license, under Your Applicable Patent Rights and other intellectual property rights (other than patent) owned or controlled by You, to use, reproduce, display, perform, modify, sublicense, distribute and Externally Deploy Your Modifications of the same scope and extent as Apple's licenses under Sections 2.1 and 2.2 above.

4. Larger Works. You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In each such instance, You must make sure the requirements of this License are fulfilled for the Covered Code or any portion thereof.

5. Limitations on Patent License. Except as expressly stated in Section 2, no other patent rights, express or implied, are granted by Apple herein. Modifications and/or Larger Works may require additional patent licenses from Apple which Apple may grant in its sole discretion.

6. Additional Terms. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations and/or other rights consistent with the scope of the license granted herein ("Additional Terms") to one or more recipients of Covered Code. However, You may do so only on Your own behalf and as Your sole responsibility, and not on behalf of Apple or any Contributor. You must obtain the recipient's agreement that any such Additional Terms are offered by You alone, and You hereby agree to indemnify, defend and hold Apple and every Contributor harmless for any liability incurred by or claims asserted against Apple or such Contributor by reason of any such Additional Terms.

7. Versions of the License. Apple may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Once Original Code has been published under a particular version of this License, You may continue to use it under the terms of that version. You may also choose to use such Original Code under the terms of any subsequent version of this License published by Apple. No one other than Apple has the right to modify the terms applicable to Covered Code created under this License.

8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in part pre-release, untested, or not fully tested works. The Covered Code may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that use of the Covered Code, or any portion thereof, is at Your sole and entire risk. THE COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "APPLE" FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge that the Covered Code is not intended for use in the operation of nuclear facilities, aircraft navigation, communication systems, or air traffic control machines in which case the failure of the Covered Code could lead to death, personal injury, or severe physical or environmental damage.

9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple's total liability to You for all damages (other than as may be required by applicable law) under this License exceed the amount of fifty dollars ($50.00).

10. Trademarks. This License does not grant any rights to use the trademarks or trade names "Apple", "Mac", "Mac OS", "QuickTime", "QuickTime Streaming Server" or any other trademarks, service marks, logos or trade names belonging to Apple (collectively "Apple Marks") or to any trademark, service mark, logo or trade name belonging to any Contributor. You agree not to use any Apple Marks in or as part of the name of products derived from the Original Code or to endorse or promote products derived from the Original Code other than as expressly permitted by and in strict compliance at all times with Apple's third party trademark usage guidelines which are posted at http://www.apple.com/legal/guidelinesfor3rdparties.html.

11. Ownership. Subject to the licenses granted under this License, each Contributor retains all rights, title and interest in and to any Modifications made by such Contributor. Apple retains all rights, title and interest in and to the Original Code and any Modifications made by or on behalf of Apple ("Apple Modifications"), and such Apple Modifications will not be automatically subject to this License. Apple may, at its sole discretion, choose to license such Apple Modifications under this License, or on different terms from those contained in this License or may choose not to license them at all.

12. Termination.

12.1 Termination. This License and the rights granted hereunder will terminate:

(a) automatically without notice from Apple if You fail to comply with any term(s) of this License and fail to cure such breach within 30 days of becoming aware of such breach;

(b) immediately in the event of the circumstances described in Section 13.5(b); or

(c) automatically without notice from Apple if You, at any time during the term of this License, commence an action for patent infringement against Apple; provided that Apple did not first commence an action for patent infringement against You in that instance.

12.2 Effect of Termination. Upon termination, You agree to immediately stop any further use, reproduction, modification, sublicensing and distribution of the Covered Code. All sublicenses to the Covered Code which have been properly granted prior to termination shall survive any termination of this License. Provisions which, by their nature, should remain in effect beyond the termination of this License shall survive, including but not limited to Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other for compensation, indemnity or damages of any sort solely as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy of any party.

13. Miscellaneous.

13.1 Government End Users. The Covered Code is a "commercial item" as defined in FAR 2.101. Government software and technical data rights in the Covered Code include only those rights customarily provided to the public as defined in this License. This customary commercial license in technical data and software is provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). Accordingly, all U.S. Government End Users acquire Covered Code with only those rights set forth herein.

13.2 Relationship of Parties. This License will not be construed as creating an agency, partnership, joint venture or any other form of legal association between or among You, Apple or any Contributor, and You will not represent to the contrary, whether expressly, by implication, appearance or otherwise.

13.3 Independent Development. Nothing in this License will impair Apple's right to acquire, license, develop, have others develop for it, market and/or distribute technology or products that perform the same or similar functions as, or otherwise compete with, Modifications, Larger Works, technology or products that You may develop, produce, market or distribute.

13.4 Waiver; Construction. Failure by Apple or any Contributor to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this License.

13.5 Severability. (a) If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License will be enforced to the maximum extent permissible so as to effect the economic benefits and intent of the parties, and the remainder of this License will continue in full force and effect. (b) Notwithstanding the foregoing, if applicable law prohibits or restricts You from fully and/or specifically complying with Sections 2 and/or 3 or prevents the enforceability of either of those Sections, this License will immediately terminate and You must immediately discontinue any use of the Covered Code and destroy all copies of it that are in your possession or control.

13.6 Dispute Resolution. Any litigation or other dispute resolution between You and Apple relating to this License shall take place in the Northern District of California, and You and Apple hereby consent to the personal jurisdiction of, and venue in, the state and federal courts within that District with respect to this License. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

13.7 Entire Agreement; Governing Law. This License constitutes the entire agreement between the parties with respect to the subject matter hereof. This License shall be governed by the laws of the United States and the State of California, except that body of California law concerning conflicts of law.

Where You are located in the province of Quebec, Canada, the following clause applies: The parties hereby confirm that they have requested that this License and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.

EXHIBIT A.
Portions Copyright (c) 1999-2007

Apple Inc. All Rights Reserved.

This file contains Original Code and/or Modifications of Original Code as defined in and that are subject to the Apple Public Source License Version 2.0 (the 'License'). You may not use this file except in compliance with the License. Please obtain a copy of the License at http://www.opensource.apple.com/apsl/ and read it before using this file.

The Original Code and all software distributed under the License are distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. Please see the License for the specific language governing rights and limitations under the License."

EXHIBIT B

GNU LESSER GENERAL PUBLIC LICENSE (Version 2.1)

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.

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.

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EXHIBIT C

GNU LIBRARY GENERAL PUBLIC LICENSE (Version 2)

Version 2, June 1991

Copyright (C) 1991 Free Software Foundation, Inc.

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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 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 Library General Public License, applies to some specially designated Free Software Foundation software, and to any other libraries whose authors decide to use it. You can use it for your libraries, 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.

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Our method of protecting your rights has two steps: (1) copyright the library, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the library.

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Most GNU software, including some libraries, is covered by the ordinary GNU General Public License, which was designed for utility programs. This license, the GNU Library General Public License, applies to certain designated libraries. This license is quite different from the ordinary one; be sure to read it in full, and don't assume that anything in it is the same as in the ordinary license.

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NO WARRANTY

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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 an idea of what it does.
Copyright (C) year name of author

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

signature of Ty Coon, 1 April 1990 Ty Coon, President of Vice

EXHIBIT D

MICROSOFT PUBLIC LICENSE

Microsoft Public License (Ms-PL)

This license governs use of the accompanying software. If you use the software, you accept this license. If you do not accept the license, do not use the software.

1. Definitions
The terms "reproduce," "reproduction," "derivative works," and "distribution" have the same meaning here as under U.S. copyright law. A "contribution" is the original software, or any additions or changes to the software. A "contributor" is any person that distributes its contribution under this license. "Licensed patents" are a contributor's patent claims that read directly on its contribution.

2. Grant of Rights
(A) Copyright Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free copyright license to reproduce its contribution, prepare derivative works of its contribution, and distribute its contribution or any derivative works that you create.
(B) Patent Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free license under its licensed patents to make, have made, use, sell, offer for sale, import, and/or otherwise dispose of its contribution in the software or derivative works of the contribution in the software.

3. Conditions and Limitations
(A) No Trademark License- This license does not grant you rights to use any contributors' name, logo, or trademarks.
(B) If you bring a patent claim against any contributor over patents that you claim are infringed by the software, your patent license from such contributor to the software ends automatically.
(C) If you distribute any portion of the software, you must retain all copyright, patent, trademark, and attribution notices that are present in the software.
(D) If you distribute any portion of the software in source code form, you may do so only under this license by including a complete copy of this license with your distribution. If you distribute any portion of the software in compiled or object code form, you may only do so under a license that complies with this license.
(E) The software is licensed "as-is." You bear the risk of using it. The contributors give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this license cannot change. To the extent permitted under your local laws, the contributors exclude the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

EXHIBIT E

ADDITIONAL THIRD-PARTY TERMS AND PERMISSION NOTICES


(a) LibCurl
Copyright (c) 1996 - 2010, Daniel Stenberg, <daniel@haxx.se>. All rights reserved. Permission to use, copy, modify, and distribute this software for any purpose with or without fee is hereby granted, provided that the above copyright notice and this permission notice appear in all copies. 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 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. 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.
(b) Libjpeg
The authors make NO WARRANTY or representation, either express or implied, with respect to this software, its quality, accuracy, merchantability, or fitness for a particular purpose. This software is provided "AS IS", and you, its user, assume the entire risk as to its quality and accuracy.
This software is copyright (C) 1991-1998, Thomas G. Lane.
All Rights Reserved except as specified below.
Permission is hereby granted to use, copy, modify, and distribute this software (or portions thereof) for any purpose, without fee, subject to these conditions:
(1) If any part of the source code for this software is distributed, then this README file must be included, with this copyright and no-warranty notice unaltered; and any additions, deletions, or changes to the original files must be clearly indicated in accompanying documentation.
(2) If only executable code is distributed, then the accompanying documentation must state that "this software is based in part on the work of the Independent JPEG Group".
(3) Permission for use of this software is granted only if the user accepts full responsibility for any undesirable consequences; the authors accept NO LIABILITY for damages of any kind.
These conditions apply to any software derived from or based on the IJG code, not just to the unmodified library. If you use our work, you ought to acknowledge us.
Permission is NOT granted for the use of any IJG author's name or company name in advertising or publicity relating to this software or products derived from it. This software may be referred to only as "the Independent JPEG Group's software".
We specifically permit and encourage the use of this software as the basis of commercial products, provided that all warranty or liability claims are assumed by the product vendor.
ansi2knr.c is included in this distribution by permission of L. Peter Deutsch, sole proprietor of its copyright holder, Aladdin Enterprises of Menlo Park, CA. ansi2knr.c is NOT covered by the above copyright and conditions, but instead by the usual distribution terms of the Free Software Foundation; principally, that you must include source code if you redistribute it. (See the file ansi2knr.c for full details.) However, since ansi2knr.c is not needed as part of any program generated from the IJG code, this does not limit you more than the foregoing paragraphs do.
The Unix configuration script "configure" was produced with GNU Autoconf.
It is copyright by the Free Software Foundation but is freely distributable.
The same holds for its supporting scripts (config.guess, config.sub, ltconfig, ltmain.sh). Another support script, install-sh, is copyright by M.I.T. but is also freely distributable.
It appears that the arithmetic coding option of the JPEG spec is covered by patents owned by IBM, AT&T, and Mitsubishi. Hence arithmetic coding cannot legally be used without obtaining one or more licenses. For this reason, support for arithmetic coding has been removed from the free JPEG software.
(Since arithmetic coding provides only a marginal gain over the unpatented Huffman mode, it is unlikely that very many implementations will support it.)
So far as we are aware, there are no patent restrictions on the remaining code.
The IJG distribution formerly included code to read and write GIF files.
To avoid entanglement with the Unisys LZW patent, GIF reading support has been removed altogether, and the GIF writer has been simplified to produce "uncompressed GIFs". This technique does not use the LZW algorithm; the resulting GIF files are larger than usual, but are readable by all standard GIF decoders.
We are required to state that "The Graphics Interchange Format(c) is the Copyright property of CompuServe Incorporated. GIF(sm) is a Service Mark property of CompuServe Incorporated."
(c) libxml2
The MIT License
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 NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
(d) ICU
Copyright (c) 1995-2010 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.
(e) OpenSSL
Copyright (c) 1998-2008 The OpenSSL Project. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software must display the following acknowledgment:
"This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit. (http://www.openssl.org/)"
4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact openssl-core@openssl.org.
5. Products derived from this software may not be called "OpenSSL" nor may "OpenSSL" appear in their names without prior written permission of the OpenSSL Project.
6. Redistributions of any form whatsoever must retain the following acknowledgment:
"This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)"
THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
================================================== ==================
This product includes cryptographic software written by Eric Young (eay@cryptsoft.com). This product includes software written by Tim Hudson (tjh@cryptsoft.com).
Original SSLeay License / Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com)
All rights reserved.
This package is an SSL implementation written * by Eric Young (eay@cryptsoft.com).
The implementation was written so as to conform with Netscapes SSL.
This library is free for commercial and non-commercial use as long as the following conditions are aheared to. The following conditions apply to all code found in this distribution, be it the RC4, RSA, lhash, DES, etc., code; not just the SSL code. The SSL documentation included with this distribution is covered by the same copyright terms except that the holder is Tim Hudson (tjh@cryptsoft.com).
Copyright remains Eric Young's, and as such any Copyright notices in the code are not to be removed.
If this package is used in a product, Eric Young should be given attribution as the author of the parts of the library used.
This can be in the form of a textual message at program startup or in documentation (online or textual) provided with the package.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software must display the following acknowledgement:
"This product includes cryptographic software written by Eric Young (eay@cryptsoft.com)"
The word 'cryptographic' can be left out if the rouines from the library being used are not cryptographic related :-).
4. If you include any Windows specific code (or a derivative thereof) from the apps directory (application code) you must include an acknowledgement:
"This product includes software written by Tim Hudson (tjh@cryptsoft.com)"
THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The licence and distribution terms for any publically available version or derivative of this code cannot be changed. i.e. this code cannot simply be copied and put under another distribution licence [including the GNU Public Licence.]
(f) BSD
Copyright (C) 2009 Apple Inc. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
THIS SOFTWARE IS PROVIDED BY APPLE INC. AND ITS CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL APPLE INC. OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
(g) zlib
Copyright (C) 1995-2010 Jean-loup Gailly and Mark Adler
This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software.
Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
Jean-loup Gailly
Mark Adler
(h) libpng13
COPYRIGHT NOTICE, DISCLAIMER, and LICENSE:
If you modify libpng you may insert additional notices immediately following this sentence.
libpng versions 1.2.6, August 15, 2004, through 1.2.8, December 3, 2004, are Copyright (c) 2004 Glenn Randers-Pehrson, and are distributed according to the same disclaimer and license as libpng-1.2.5 with the following individual added to the list of Contributing Authors:
Cosmin Truta
libpng versions 1.0.7, July 1, 2000, through 1.2.5, October 3, 2002, are Copyright (c) 2000-2002 Glenn Randers-Pehrson, and are distributed according to the same disclaimer and license as libpng-1.0.6 with the following individuals added to the list of Contributing Authors:
Simon-Pierre Cadieux
Eric S. Raymond
Gilles Vollant
and with the following additions to the disclaimer:
There is no warranty against interference with your enjoyment of the library or against infringement. There is no warranty that our efforts or the library will fulfill any of your particular purposes or needs. This library is provided with all faults, and the entire risk of satisfactory quality, performance, accuracy, and effort is with the user.
libpng versions 0.97, January 1998, through 1.0.6, March 20, 2000, are Copyright (c) 1998, 1999, 2000 Glenn Randers-Pehrson, and are distributed according to the same disclaimer and license as libpng-0.96, with the following individuals added to the list of Contributing Authors:
Tom Lane
Glenn Randers-Pehrson
Willem van Schaik
libpng versions 0.89, June 1996, through 0.96, May 1997, are Copyright (c) 1996, 1997 Andreas Dilger
Distributed according to the same disclaimer and license as libpng-0.88, with the following individuals added to the list of Contributing Authors:
John Bowler
Kevin Bracey
Sam Bushell
Magnus Holmgren
Greg Roelofs
Tom Tanner
libpng versions 0.5, May 1995, through 0.88, January 1996, are Copyright (c) 1995, 1996 Guy Eric Schalnat, Group 42, Inc.
For the purposes of this copyright and license, "Contributing Authors" is defined as the following set of individuals:
Andreas Dilger
Dave Martindale
Guy Eric Schalnat
Paul Schmidt
Tim Wegner
(h) RMSDK
The software contains Adobe® Reader® Mobile software under license from Adobe Systems Incorporated, Copyright © 1995-2009 ADOBE SYSTEMS INCORPORATED. ALL RIGHTS RESERVED. Adobe and Reader are trademarks of Adobe Systems Incorporated.

It's kinda' hard to believe anyone expects us to read them.

[SneakySnake]

Why thank you. I did say simple and something like that seems to fit the bill. I am sure I can adapt it.

It has taken me all day to write the Accommodation page. And I started there because it was the easiest and most straight forward. I am going to have bluddy web site nightmares tonight, but your simple terms have eased my mind somewhat.

[DixieGal]

Holy Frikkin Moly Mark! That agreement is a whole ebook already!

[wannabee]

Originally Posted by DixieGal

Holy Frikkin Moly Mark! That agreement is a whole ebook already!

Who in there right mind would read all of that?

[badgoodDeb]

I think that's the point of such agreements. To be so long that few will actually read them. Thus, in the very last paragraph .... or else buried in the last third somewhere .... you put the really outrageous bits.

[phenomshel]

DG, I'll be your FB friend. I'm not sure I'm much more entertaining, but I do NOT post daily devotions, LOL.

[Freeshadow]

daily devotions...
If I weren't already happy that I don't do FB I would be it now.

(altough I admit, I misread it 1st time as daily deviations)

[wannabee]

So is that some sort of prayer or something? On Facebook? Is god one of your FB friends?

[Stitchawl]

A Rant...
Shaving. I don't do more than every other day, and I only shave my neck, but...

Do the razor manufacturers really think people are that stupid? When they came out with a double-bladed safety razor it made sense. The second blade caught the hair that only bent in front of the first. It gave a cleaner shave quickly.

But then the makers added three blades, then four blades, and now FIVE blades, with the marketing strategy; 'Five blades means that you don't have to scrape your face several times with your razor, eliminating razor burn.'
Aren't folks smart enough to realize that scraping with five blades on the same handle one time is the same as scraping with one blade on the handle five times? It's not the handle that is causing razor burn...


Stitchawl

[wannabee]

The quality of the blade can be 5 times poorer as well!

[Freeshadow]

Originally Posted by Stitchawl

Do the razor manufacturers really think people are that stupid?

Yep They 'll try to sell you everything. And if it's uselessnes is skyrocketing, they' ll rebrand it to either art, collective or decorational item (depends on the price tag) and sell it then.

Aren't folks smart enough

a lot of them isn't but all of them think so

to realize.

Don't the marketing departments exist to prevent exactly that?

Stitchawl[/QUOTE]

what goes on my nerves when wetshaving are this "glide better stuff stripes" added. since instead reducing razor burn, they make the blades glide over the hairs...

[Stitchawl]

Originally Posted by wannabee

The quality of the blade can be 5 times poorer as well!

When I visited the States last August, I forgot to pack a razor. I asked at the hotel front desk where I could buy one close by, and they gave me new Shick 5-blade model for free...

Wonderful, I thought. I used it, and it worked well enough. At least as good as the twin-blade disposables I normally buy for about $6 for a package of five of them. When I went to the drug store to do some shopping later in the week, I decided to pick up a pack of refill cartridges for the razor... until I saw the price of $14.99 for five.


Stitchawl

[wannabee]

Originally Posted by Stitchawl

. . . . . . . . . I decided to pick up a pack of refill cartridges for the razor... until I saw the price of $14.99 for five.


Stitchawl

I know. Highway robbery. I'd grow a beard if it weren't so unfashionable at work and with my wife.

[SneakySnake]

I have one of these. it lasts longer than shaving. But I don't have much hair and I don't use it on my face.

[Stitchawl]

I stopped shaving the day I got discharged from the Military. Been wearing a full beard ever since. But I do shave my neck. I never liked the feeling of a hairy throat.


Stitchawl