END USER LICENSE AGREEMENTS

1. iTwin Connect
2. iTwin SecureBox & Remote File Access

1. iTwin Connect

THIS EULA APPLIES TO THE USE OF SOFTWARE, PRE-INSTALLED SOFTWARE ON ANY OF iTWIN PTE LTD ("iTWIN") iTWIN CONNECT HARDWARE DEVICES ("HARDWARE") AND ACCOMPANYING ITEMS, INCLUDING BUT NOT LIMITED TO ANY CD-ROMS OR DOWNLOAD PACKAGE. iTWIN IS WILLING TO LICENSE THE SOFTWARE EMBEDDED IN THE HARDWARE TO YOU ("CUSTOMER") ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS END USER LICENSE AGREEMENT ("EULA"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SOFTWARE AND HARDWARE. INSTEAD, CONTACT iTWIN AT feedback@iTwin.com. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS SHALL BIND YOUR EMPLOYEES AND/OR AGENTS WHO USE THIS SOFTWARE.

1. Definitions
'Intellectual Property Rights' means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade mark, service mark, industrial design, patent, layout design of integrated circuit, business method, domain name, trade secret, and any other intellectual property right in any field or industry;
'License' means a non-exclusive, non-transferable license governing the use of the Software granted to the Customer pursuant to these Terms and Conditions;
'Moral Right(s)' means:
(a) a right of attribution of authorship; or
(b) a right not to have authorship falsely attributed; or
(c) a right of integrity of authorship; or
(d) a right of a similar nature;
which is conferred by statute, and which exists or comes to exist anywhere in the world and reproduced in a material form comprised within this Agreement;
'New Release' means software which has been provided by iTwin primarily to implement an extension, alteration, improvement or additional functionality to the Software;
'Software' means the software, pre-installed by iTwin on the Hardware and accompanying items in object code form only and all their related documentation but excluding the source code material and all preparatory design material;
'Support Services' means the back-end support services and facilities of iTwin to facilitate the communication and transmission of data between the two computers into which the iTwin device is connected;
'Update' means software which has been produced by iTwin primarily to maintain compatibility, enhance performance, improve security, or overcome defects in the Software.
2. Grant of License and Services
2.1 iTwin grants to the Customer the License to use the Software for its own internal and/or personal use only and solely in conjunction with the iTwin hardware it was supplied with. For the avoidance of doubt, the Software is licensed and not sold, it grants the Customer some rights to use the Software in accordance with the foregoing. All other rights are reserved by iTwin.
2.2 The License granted hereunder does not in any way whatsoever authorise the Customer to reproduce, distribute, rent, loan, sell, lease, license, sub-license, de-couple or otherwise deal in the Software and its related documentation.
2.3 iTwin provides to the Customer certain Support Services to facilitate certain uses of the Hardware. Any Updates or New Releases to the Software are the copyright of iTwin and will form part of the Software and be subject to the terms and conditions of this License. The Customer acknowledges that certain Updates or New Releases may be received via Internet and installed in the Hardware from time to time. Certain Updates or New Releases may be deemed as mandatory by iTwin and the Customer agrees that receiving and installing such mandatory updates may be a requirement for the continued use of the Hardware and Software.
3. Related Documentation
3.1 The License extends to any and all related documentation supplied to the Customer together with this Software and the Customer may not copy, reproduce, vary, alter and/or modify such related documentation without iTwin's prior written consent.
3.2 The proper use of the Hardware, the Software and the Support Services are set out as part of the Documentation which iTwin shall be entitled to update from time to time by publication on its website. Breach of such proper use requirements may void any warranty given by iTwin and/or result in a suspension or termination of the License or Support Services.
4. License Fee
4.1 The price paid by the Customer for the Hardware represents a one-time license fee in respect of the Software for the License. iTwin reserves the right to charge the Customer such other fees and charges as iTwin deems fit for any New Releases and Updates.
5. Intellectual Property Rights
5.1 All rights, title and interest in the Software (including without limitation all Intellectual Property Rights and Moral Rights) vest in and remain with iTwin at all times and the Customer acquires no rights whatsoever therein save and except as granted under the License. In the event the Customer acquires any rights whatsoever in the Software or its related documentation, whether by operation of law, through usage, association or otherwise, the Customer shall at its own cost and expense do all such things and execute all such documents as shall be necessary to assign any and all such rights to iTwin.
5.2 The Customer shall not remove, change or obscure any product identification or notices of proprietary rights and restriction of iTwin on or in the Software and/or its related documentation.
6. Copies
6.1 Subject to the following sub-clauses of this Clause, and without seeking to exclude or limit the application of the Copyright Act (Cap. 63 of Singapore), the Customer shall not copy the Software or its related documentation, in whole or in part for any purpose other than as permitted under these Terms and Conditions.
6.2 The Customer may make such number of copies of the Software as is necessary to serve its internal needs for computer system's back-up and security purposes. All copies of the Software and the media in which the copies are contained and its related documentation shall be and remain the property of iTwin at all times.
6.3 Immediately upon termination of the License for any reason, the Customer shall delete and/or destroy the Software (including all copies, authorised or otherwise) from its computer system, its related documentation and the media on which the Software and all copies thereof are contained.
7. Modifications
7.1 The Customer shall not modify the whole or any part of the Software and/or Hardware or combine or integrate or incorporate the whole or any part of the Software in any other computer programme or system.
7.2 The Customer shall fully indemnify and hold harmless iTwin against any losses, damages, liability, claims, demands, actions, proceedings, costs and/or expenses incurred by iTwin arising from or in connection with any claim by any third party in the event any unauthorised modifications to the Software and/or Hardware by the Customer infringe the intellectual property rights of such third party.
8. Reverse Engineering
8.1 The Customer shall not reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile the Software and/or Hardware or any part of the Software and/or Hardware for any reason whatsoever.
9. Limited Warranty
9.1 iTWIN warrants that the Software and/or Hardware and/or Support Services will perform substantially as described in its related documentation, subject to the following limitations:
9.1.1 the warranty applies for three (3) months from the date of purchase by the Customer ("Limited Warranty Period"); and
9.1.2 the warranty will not apply to a claim arising from any unacceptable use or care of the Software and/or Hardware and/or Support Services, including (without limitation) misuse, abuse, negligence, acts of God, unauthorised modification or repair, unauthorised commercial use and any operation of the Software and/or Hardware outside iTwin's recommended parameters or resulting from events beyond iTwin's reasonable control.
9.2 The warranty in Clause 9.1 shall be the Customer's sole remedy against iTwin. iTwin disclaims all other warranties. For the avoidance of doubt, iTwin does not warrant that the Software and/or Hardware and/or the Support Services will be free from all errors and defects and that it will meet all the requirements of the Customer. Official statements made in relation to the Software and/or Hardware and/or Support Services are subject to proper use and assumptions made on specific supporting factors including operating system, computer configuration, network conditions, access control, minimum specifications and software compatibility. The Customer should check with his equipment and service providers on such extraneous issues. The Software and/or Hardware and/or Support Services may not operate as intended upon any deviation from such assumptions or improper use or in the event of force majeure events. ITwin therefore makes no warranties, expressed or implied, that such statements are accurate and current.
9.3 In order to make a warranty claim, the Customer shall contact iTwin by email within the Limited Warranty Period at feedback@iTwin.com with details of the defect. iTwin will respond with details of how to return the Hardware including the shipping address. The Hardware must then be returned to iTwin as soon as practicable. Upon receipt of the Hardware, iTwin shall conduct an assessment of the alleged defect to determine if it is covered within the warranty. iTwin reserves the right to take any and all types of remedial action (including but not limited to providing a one-to-one replacement or a repair) which iTwin deems appropriate in its sole and absolute discretion. In the event that iTwin offers the Customer a replacement or repaired Hardware, such Hardware shall be dispatched to the Customer within 10 working days from iTwin's receipt of the returned Hardware.
9.4 During the Limited Warranty Period, the Hardware will be repaired or replaced at iTwin's absolute and sole discretion without charge to the Customer for either parts or labour. The Limited Warranty Period shall not be extended by any repair and/or replacement of Hardware by iTwin. The Customer shall be solely responsible for making backups of data on the Hardware from time to time and before returning the same to iTwin. ITwin's sole responsibility is to repair or replace the Hardware during the Limited Warranty Period and iTwin shall not be responsible for any loss of use, loss of data or any other kind of losses suffered by the Customer.
9.5 All repaired or replacement Hardware shall be shipped to the Customer at iTwin's expense by registered post. Property in any replaced parts shall vest in iTwin.
10. Implied Terms
10.1 Any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded. To the extent permitted by law, iTwin hereby excludes any and all warranties which may be applicable to the Software and/or Hardware, the media on which the Software is contained and its related documentation which may be implied by law or otherwise, including any and all warranties as to merchantability and/or fitness for a particular purpose.
11. Returns
11.1 The Customer is permitted to return the Hardware, for a refund, for any reason and at any time within fifteen (15) days following the date the Hardware was purchased and must be in its original packaging and condition. In order to return the Hardware, the Customer shall contact iTwin by email immediately at feedback@iTwin.com. iTwin will respond with details of how to return the Hardware including the shipping address. The Hardware must then be returned to iTwin at the Customer's expense as soon as possible and with such method of shipping that is traceable (eg UPS, FedEx, Registered Post) to the provided address, to avail of the refund.
11.2 Risks in the returned Hardware shall only pass to iTwin when the Hardware is received by iTwin and iTwin shall not be responsible for returned Hardware that is lost in transit to iTwin. Upon receipt of returned Hardware, iTwin will inspect the returned Hardware and iTwin reserves the right to impose on the Customer any charges for any damage to the returned Hardware observed during such inspection. The Customer shall receive a refund of the purchase price (excluding any initial shipping charges incurred at purchase) within ten (10) working days of iTwin's receipt of the returned Hardware. In the event that the above procedures are not followed, iTwin reserves the right to accept or reject the returned Hardware on such terms that it may determine at its sole discretion.
12. Availability of Support Services
12.1 iTwin will use its reasonable endeavours to provide the Support Services subject to the terms of this Agreement.
12.2 The Customer acknowledges that iTwin's systems, servers, and equipment may from time to time be inoperative in full or in part as a consequence of but not limited to mechanical breakdown, malfunction, maintenance, hardware or software upgrades, computer security breaches, telecommunication connectivity or utility service problems or other factors beyond the control of iTwin and iTwin will not be liable for its failure or inability to provide continuous, error free, uninterrupted services under these or any other circumstances.
12.3 Where Support Services are inoperative, in full or in part, for reasons within iTwin's control, iTwin will use its reasonable endeavours to rectify faults or problems to restore the system to full operational capacity as soon as reasonably practicable.
12.4 If a user of the Public VPN ('Teleport Me') feature of iTwin Connect uses bandwidth at a rate and volume that is unreasonably large, iTwin reserves the right to throttle that user's bandwidth rate and/or cap the total amount of bandwidth, that is available for to the user, to a reasonable monthly quota.
13. Privacy
13.1 The Customer is required to provide certain personal data when placing an online order for the iTwin device. This personal data includes the Customer's name, email address, delivery address and other personal information that will be needed to supply the iTwin Hardware and/or Software and/or Support Services to the Customer.
13.2 The Customer consents to iTwin retaining such personal data and using the same for future email mailings, support, notification of new products or new versions, general correspondence regarding the products to Customer. If the Customer does not wish to receive such marketing emails from iTwin, the Customer shall inform iTwin by email at mktg@iTwin.com with 'Unsubscribe' in the subject line of the email.
13.3 iTwin will not reveal details of your personal data to any other person unless iTwin obtains the Customer's permission or is under either a legal obligation or any other duty to do so. All the information that the Customer provides is treated by iTwin as set out in accordance with the iTwin Privacy Policy.
14. Acceptable Use Policy
14.1 User agrees that iTwin device and the iTwin Public VPN servers will not be used to engage in any illegal activity including but not limited to:
  • spamming
  • intellectual property violations
  • unauthorized access to other computers or networks
  • distribution of viruses, worms and trojans
  • engaging in any conduct that restricts or inhibits any other users from using or enjoying iTwin VPN services.
  • uploading, posting, reproducing, or distribution of any content protected by copyright, or other proprietary right, without first having obtained permission of the copyright owner
14.2 It is the policy of iTwin to comply with provisions of the Digital Millennium Copyright Act. iTwin Pte Ltd, maintains a log of DMCA Notices received from copyright holders.Through its DMCA Log and other data, iTwin Pte Ltd engages in a good faith effort to identify customers or account holders who may be engaging in repeated copyright infringement.
14.3 Violations of this Acceptable Use Policy will result in termination of your service. Additionally, user will be held responsible for any and all damages incurred by iTwin including any amounts charged by any outside entity due to said violation(s) including without limitation attorney fees and costs.
15. Term and Termination
15.1 The License will remain valid unless terminated in accordance with the Terms and Conditions. The Customer may terminate it at any time by destroying the Software and/or Hardware and its related documentation together with all copies in any media and form.
15.2 The License to use the Software and its related documentation will terminate automatically if you fail to comply with any term of this Agreement. The License will also terminate without further action or notice by iTwin if you become bankrupt, go into liquidation, suffer or make any winding up petition, make an arrangement with your creditors, have an administrator, administrative receiver or receiver appointed or suffer or file any similar action in consequence of a debt.
15.3 Upon termination of the License for any reason whatsoever, the Customer will destroy the Software and its related documentation together with all copies in any media and form, including copies on its hard and back-up drives. Any use of any copies of the Software or its related documentation after termination of the License is unlawful.
16. Entire Agreement
16.1 This Agreement supercedes all prior agreements, arrangements, understandings and undertakings between the parties and constitutes the entire agreement between the parties relating to the Software and the License granted hereunder.
17. Governing Laws and Arbitration
17.1 This Agreement shall be governed by and construed in accordance with the laws of Singapore.
17.2 Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall then be referred for resolution by arbitration in the Republic of Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force which rules are deemed to be incorporated by reference into this Agreement. All legal costs of the winning party shall be borne by the losing party on a full indemnity basis. The language in which the arbitration shall be conducted is English.
18. Severability
18.1 Should any part of this Agreement be or become invalid, that part shall be severed from this Agreement. Such invalidity shall not affect the validity of the remaining provisions of this Agreement which shall continue in full force and effect and valid and binding on the parties.
19. Third Party Acknowledgements
19.1 Portions of the Software utilises or includes third party software and other copyrighted material. These software are licensed under the terms of the GNU Library/Lesser General Public License (“LGPL”), Zlib, Berkeley Software Distribution (“BDS”) and the Code Project Open License (“CPOL”). A list of such software is provided in Schedule A. Notwithstanding the generalisation of Clause 7 above, this Agreement does not prevent the modification of any such free software.

Schedule A

Open Source Acknowledgement

The Software makes use of the following open source software packages.

Package License Link
1 The GNU Transport Layer Security Library GNU LGPL v.2.1 http://www.gnu.org/software/gnutls/
2 UDP-Based Data Transfer BSD http://udt.sourceforge.net/license.html
3 Zlib Zlib http://www.zlib.net/zlib_license.html
4 Galaxy Tool Kit CPOL http://www.codeproject.com/KB/winsdk/Galaxy_Toolkit.aspx
5 Bug Trap GNU LGPL v.3 http://www.intellesoft.net/bugtrap-license.php?BugTrapSetup.zip

20. DOWNLOADABLE SOFTWARE LICENSED UNDER GNU GENERAL PUBLIC LICENSE.
20.1 When you use iTwin Connect, you will download Remote Desktop software (“RD Software”) which is licensed under the terms of the GNU General Public License (“GPL”). The RD Software that you download is free software; you can redistribute it and/or modify it under the terms of the GPL as published by the Free Software Foundation; either version 2 of the Licenses, or (at your option) any later version. The source code for all GPL Software is available on request from iTwin Pte. Ltd. or from the following link.



GNUTLS

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.

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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.

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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END OF TERMS AND CONDITIONS




UDT

Copyright (c) 2001 - 2009, The Board of Trustees of the University of Illinois. 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 of the University of Illinois nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.



Zlib

zlib.h -- interface of the 'zlib' general purpose compression library version 1.2.5, April 19th, 2010 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



Namespace extension toolkit

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License

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BugTrap

GNU LESSER GENERAL PUBLIC LICENSE

Version 3, 29 June 2007

Copyright © 2007 Free Software Foundation, Inc. <http://fsf.org/>

Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

This version of the GNU Lesser General Public License incorporates the terms and conditions of version 3 of the GNU General Public License, supplemented by the additional permissions listed below.

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If the Library as you received it specifies that a proxy can decide whether future versions of the GNU Lesser General Public License shall apply, that proxy's public statement of acceptance of any version is permanent authorization for you to choose that version for the Library.

 

 

GNU GENERAL PUBLIC LICENSE

Version 3, 29 June 2007

Copyright © 2007 Free Software Foundation, Inc. <http://fsf.org/>

Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

Preamble

The GNU General Public License is a free, copyleft license for software and other kinds of works.

The licenses for most software and other practical works are designed to take away your freedom to share and change the works. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change all versions of a program--to make sure it remains free software for all its users. We, the Free Software Foundation, use the GNU General Public License for most of our software; it applies also to any other work released this way by its authors. You can apply it to your programs, too.

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TERMS AND CONDITIONS

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You may convey a work based on the Program, or the modifications to produce it from the Program, in the form of source code under the terms of section 4, provided that you also meet all of these conditions:

  • a) The work must carry prominent notices stating that you modified it, and giving a relevant date.
  • b) The work must carry prominent notices stating that it is released under this License and any conditions added under section 7. This requirement modifies the requirement in section 4 to “keep intact all notices”.
  • c) You must license the entire work, as a whole, under this License to anyone who comes into possession of a copy. This License will therefore apply, along with any applicable section 7 additional terms, to the whole of the work, and all its parts, regardless of how they are packaged. This License gives no permission to license the work in any other way, but it does not invalidate such permission if you have separately received it.
  • d) If the work has interactive user interfaces, each must display Appropriate Legal Notices; however, if the Program has interactive interfaces that do not display Appropriate Legal Notices, your work need not make them do so.

A compilation of a covered work with other separate and independent works, which are not by their nature extensions of the covered work, and which are not combined with it such as to form a larger program, in or on a volume of a storage or distribution medium, is called an “aggregate” if the compilation and its resulting copyright are not used to limit the access or legal rights of the compilation's users beyond what the individual works permit. Inclusion of a covered work in an aggregate does not cause this License to apply to the other parts of the aggregate.

6. Conveying Non-Source Forms.

You may convey a covered work in object code form under the terms of sections 4 and 5, provided that you also convey the machine-readable Corresponding Source under the terms of this License, in one of these ways:

  • a) Convey the object code in, or embodied in, a physical product (including a physical distribution medium), accompanied by the Corresponding Source fixed on a durable physical medium customarily used for software interchange.
  • b) Convey the object code in, or embodied in, a physical product (including a physical distribution medium), accompanied by a written offer, valid for at least three years and valid for as long as you offer spare parts or customer support for that product model, to give anyone who possesses the object code either (1) a copy of the Corresponding Source for all the software in the product that is covered by this License, on a durable physical medium customarily used for software interchange, for a price no more than your reasonable cost of physically performing this conveying of source, or (2) access to copy the Corresponding Source from a network server at no charge.
  • c) Convey individual copies of the object code with a copy of the written offer to provide the Corresponding Source. This alternative is allowed only occasionally and noncommercially, and only if you received the object code with such an offer, in accord with subsection 6b.
  • d) Convey the object code by offering access from a designated place (gratis or for a charge), and offer equivalent access to the Corresponding Source in the same way through the same place at no further charge. You need not require recipients to copy the Corresponding Source along with the object code. If the place to copy the object code is a network server, the Corresponding Source may be on a different server (operated by you or a third party) that supports equivalent copying facilities, provided you maintain clear directions next to the object code saying where to find the Corresponding Source. Regardless of what server hosts the Corresponding Source, you remain obligated to ensure that it is available for as long as needed to satisfy these requirements.
  • e) Convey the object code using peer-to-peer transmission, provided you inform other peers where the object code and Corresponding Source of the work are being offered to the general public at no charge under subsection 6d.

A separable portion of the object code, whose source code is excluded from the Corresponding Source as a System Library, need not be included in conveying the object code work.

A “User Product” is either (1) a “consumer product”, which means any tangible personal property which is normally used for personal, family, or household purposes, or (2) anything designed or sold for incorporation into a dwelling. In determining whether a product is a consumer product, doubtful cases shall be resolved in favor of coverage. For a particular product received by a particular user, “normally used” refers to a typical or common use of that class of product, regardless of the status of the particular user or of the way in which the particular user actually uses, or expects or is expected to use, the product. A product is a consumer product regardless of whether the product has substantial commercial, industrial or non-consumer uses, unless such uses represent the only significant mode of use of the product.

“Installation Information” for a User Product means any methods, procedures, authorization keys, or other information required to install and execute modified versions of a covered work in that User Product from a modified version of its Corresponding Source. The information must suffice to ensure that the continued functioning of the modified object code is in no case prevented or interfered with solely because modification has been made.

If you convey an object code work under this section in, or with, or specifically for use in, a User Product, and the conveying occurs as part of a transaction in which the right of possession and use of the User Product is transferred to the recipient in perpetuity or for a fixed term (regardless of how the transaction is characterized), the Corresponding Source conveyed under this section must be accompanied by the Installation Information. But this requirement does not apply if neither you nor any third party retains the ability to install modified object code on the User Product (for example, the work has been installed in ROM).

The requirement to provide Installation Information does not include a requirement to continue to provide support service, warranty, or updates for a work that has been modified or installed by the recipient, or for the User Product in which it has been modified or installed. Access to a network may be denied when the modification itself materially and adversely affects the operation of the network or violates the rules and protocols for communication across the network.

Corresponding Source conveyed, and Installation Information provided, in accord with this section must be in a format that is publicly documented (and with an implementation available to the public in source code form), and must require no special password or key for unpacking, reading or copying.

7. Additional Terms.

“Additional permissions” are terms that supplement the terms of this License by making exceptions from one or more of its conditions. Additional permissions that are applicable to the entire Program shall be treated as though they were included in this License, to the extent that they are valid under applicable law. If additional permissions apply only to part of the Program, that part may be used separately under those permissions, but the entire Program remains governed by this License without regard to the additional permissions.

When you convey a copy of a covered work, you may at your option remove any additional permissions from that copy, or from any part of it. (Additional permissions may be written to require their own removal in certain cases when you modify the work.) You may place additional permissions on material, added by you to a covered work, for which you have or can give appropriate copyright permission.

Notwithstanding any other provision of this License, for material you add to a covered work, you may (if authorized by the copyright holders of that material) supplement the terms of this License with terms:

  • a) Disclaiming warranty or limiting liability differently from the terms of sections 15 and 16 of this License; or
  • b) Requiring preservation of specified reasonable legal notices or author attributions in that material or in the Appropriate Legal Notices displayed by works containing it; or
  • c) Prohibiting misrepresentation of the origin of that material, or requiring that modified versions of such material be marked in reasonable ways as different from the original version; or
  • d) Limiting the use for publicity purposes of names of licensors or authors of the material; or
  • e) Declining to grant rights under trademark law for use of some trade names, trademarks, or service marks; or
  • f) Requiring indemnification of licensors and authors of that material by anyone who conveys the material (or modified versions of it) with contractual assumptions of liability to the recipient, for any liability that these contractual assumptions directly impose on those licensors and authors.

All other non-permissive additional terms are considered “further restrictions” within the meaning of section 10. If the Program as you received it, or any part of it, contains a notice stating that it is governed by this License along with a term that is a further restriction, you may remove that term. If a license document contains a further restriction but permits relicensing or conveying under this License, you may add to a covered work material governed by the terms of that license document, provided that the further restriction does not survive such relicensing or conveying.

If you add terms to a covered work in accord with this section, you must place, in the relevant source files, a statement of the additional terms that apply to those files, or a notice indicating where to find the applicable terms.

Additional terms, permissive or non-permissive, may be stated in the form of a separately written license, or stated as exceptions; the above requirements apply either way.

8. Termination.

You may not propagate or modify a covered work except as expressly provided under this License. Any attempt otherwise to propagate or modify it is void, and will automatically terminate your rights under this License (including any patent licenses granted under the third paragraph of section 11).

However, if you cease all violation of this License, then your license from a particular copyright holder is reinstated (a) provisionally, unless and until the copyright holder explicitly and finally terminates your license, and (b) permanently, if the copyright holder fails to notify you of the violation by some reasonable means prior to 60 days after the cessation.

Moreover, your license from a particular copyright holder is reinstated permanently if the copyright holder notifies you of the violation by some reasonable means, this is the first time you have received notice of violation of this License (for any work) from that copyright holder, and you cure the violation prior to 30 days after your receipt of the notice.

Termination of your rights under this section does not terminate the licenses of parties who have received copies or rights from you under this License. If your rights have been terminated and not permanently reinstated, you do not qualify to receive new licenses for the same material under section 10.

9. Acceptance Not Required for Having Copies.

You are not required to accept this License in order to receive or run a copy of the Program. Ancillary propagation of a covered work occurring solely as a consequence of using peer-to-peer transmission to receive a copy likewise does not require acceptance. However, nothing other than this License grants you permission to propagate or modify any covered work. These actions infringe copyright if you do not accept this License. Therefore, by modifying or propagating a covered work, you indicate your acceptance of this License to do so.

10. Automatic Licensing of Downstream Recipients.

Each time you convey a covered work, the recipient automatically receives a license from the original licensors, to run, modify and propagate that work, subject to this License. You are not responsible for enforcing compliance by third parties with this License.

An “entity transaction” is a transaction transferring control of an organization, or substantially all assets of one, or subdividing an organization, or merging organizations. If propagation of a covered work results from an entity transaction, each party to that transaction who receives a copy of the work also receives whatever licenses to the work the party's predecessor in interest had or could give under the previous paragraph, plus a right to possession of the Corresponding Source of the work from the predecessor in interest, if the predecessor has it or can get it with reasonable efforts.

You may not impose any further restrictions on the exercise of the rights granted or affirmed under this License. For example, you may not impose a license fee, royalty, or other charge for exercise of rights granted under this License, and you may not initiate litigation (including a cross-claim or counterclaim in a lawsuit) alleging that any patent claim is infringed by making, using, selling, offering for sale, or importing the Program or any portion of it.

11. Patents.

A “contributor” is a copyright holder who authorizes use under this License of the Program or a work on which the Program is based. The work thus licensed is called the contributor's “contributor version”.

A contributor's “essential patent claims” are all patent claims owned or controlled by the contributor, whether already acquired or hereafter acquired, that would be infringed by some manner, permitted by this License, of making, using, or selling its contributor version, but do not include claims that would be infringed only as a consequence of further modification of the contributor version. For purposes of this definition, “control” includes the right to grant patent sublicenses in a manner consistent with the requirements of this License.

Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the contributor's essential patent claims, to make, use, sell, offer for sale, import and otherwise run, modify and propagate the contents of its contributor version.

In the following three paragraphs, a “patent license” is any express agreement or commitment, however denominated, not to enforce a patent (such as an express permission to practice a patent or covenant not to sue for patent infringement). To “grant” such a patent license to a party means to make such an agreement or commitment not to enforce a patent against the party.

If you convey a covered work, knowingly relying on a patent license, and the Corresponding Source of the work is not available for anyone to copy, free of charge and under the terms of this License, through a publicly available network server or other readily accessible means, then you must either (1) cause the Corresponding Source to be so available, or (2) arrange to deprive yourself of the benefit of the patent license for this particular work, or (3) arrange, in a manner consistent with the requirements of this License, to extend the patent license to downstream recipients. “Knowingly relying” means you have actual knowledge that, but for the patent license, your conveying the covered work in a country, or your recipient's use of the covered work in a country, would infringe one or more identifiable patents in that country that you have reason to believe are valid.

If, pursuant to or in connection with a single transaction or arrangement, you convey, or propagate by procuring conveyance of, a covered work, and grant a patent license to some of the parties receiving the covered work authorizing them to use, propagate, modify or convey a specific copy of the covered work, then the patent license you grant is automatically extended to all recipients of the covered work and works based on it.

A patent license is “discriminatory” if it does not include within the scope of its coverage, prohibits the exercise of, or is conditioned on the non-exercise of one or more of the rights that are specifically granted under this License. You may not convey a covered work if you are a party to an arrangement with a third party that is in the business of distributing software, under which you make payment to the third party based on the extent of your activity of conveying the work, and under which the third party grants, to any of the parties who would receive the covered work from you, a discriminatory patent license (a) in connection with copies of the covered work conveyed by you (or copies made from those copies), or (b) primarily for and in connection with specific products or compilations that contain the covered work, unless you entered into that arrangement, or that patent license was granted, prior to 28 March 2007.

Nothing in this License shall be construed as excluding or limiting any implied license or other defenses to infringement that may otherwise be available to you under applicable patent law.

12. No Surrender of Others' Freedom.

If 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 convey a covered work so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not convey it at all. For example, if you agree to terms that obligate you to collect a royalty for further conveying from those to whom you convey the Program, the only way you could satisfy both those terms and this License would be to refrain entirely from conveying the Program.

13. Use with the GNU Affero General Public License.

Notwithstanding any other provision of this License, you have permission to link or combine any covered work with a work licensed under version 3 of the GNU Affero General Public License into a single combined work, and to convey the resulting work. The terms of this License will continue to apply to the part which is the covered work, but the special requirements of the GNU Affero General Public License, section 13, concerning interaction through a network will apply to the combination as such.

14. Revised Versions of this License.

The Free Software Foundation may publish revised and/or new versions of the GNU 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 that a certain numbered version of the GNU General Public License “or any later version” applies to it, you have the option of following the terms and conditions either of that numbered version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of the GNU General Public License, you may choose any version ever published by the Free Software Foundation.

If the Program specifies that a proxy can decide which future versions of the GNU General Public License can be used, that proxy's public statement of acceptance of a version permanently authorizes you to choose that version for the Program.

Later license versions may give you additional or different permissions. However, no additional obligations are imposed on any author or copyright holder as a result of your choosing to follow a later version.

15. Disclaimer of Warranty.

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.

16. Limitation of Liability.

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS 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.

17. Interpretation of Sections 15 and 16.

If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Program, unless a warranty or assumption of liability accompanies a copy of the Program in return for a fee.

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2. iTwin SecureBox & Remote File Access

THIS EULA APPLIES TO THE USE OF SOFTWARE, PRE-INSTALLED SOFTWARE ON ANY OF iTWIN PTE LTD ("iTWIN") HARDWARE CE DEVICES ("HARDWARE") AND ACCOMPANYING ITEMS, INCLUDING BUT NOT LIMITED TO ANY CD-ROMS OR DOWNLOAD PACKAGE. iTWIN IS WILLING TO LICENSE THE SOFTWARE EMBEDDED IN THE HARDWARE TO YOU ("CUSTOMER") ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS END USER LICENSE AGREEMENT ("EULA"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SOFTWARE AND HARDWARE. INSTEAD, CONTACT iTWIN AT feedback@iTwin.com. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS SHALL BIND YOUR EMPLOYEES AND/OR AGENTS WHO USE THIS SOFTWARE.

1. Definitions
'Intellectual Property Rights' means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade mark, service mark, industrial design, patent, layout design of integrated circuit, business method, domain name, trade secret, and any other intellectual property right in any field or industry;
'License' means a non-exclusive, non-transferable license governing the use of the Software granted to the Customer pursuant to these Terms and Conditions;
'Moral Right(s)' means:
(a) a right of attribution of authorship; or
(b) a right not to have authorship falsely attributed; or
(c) a right of integrity of authorship; or
(d) a right of a similar nature;
which is conferred by statute, and which exists or comes to exist anywhere in the world and reproduced in a material form comprised within this Agreement;
'New Release' means software which has been provided primarily to implement an extension, alteration, improvement or additional functionality to the Software;
'Software' means the software, pre-installed on any iTwin Hardware and accompanying items in object code form only and all their related documentation but excluding the source code material and all preparatory design material;
'Support Services' means the back-end support services and facilities of iTwin to facilitate the communication and transmission of data between the two computers into which the iTwin device is connected;
'Update' means software which has been produced primarily to overcome defects in the Software.


2. Grant of License and Services
2.1 iTwin grants to the Customer the License to use the Software for its own internal and/or personal use only and solely in conjunction with the iTwin hardware it was supplied with. For the avoidance of doubt, the Software is licensed and not sold, it grants the Customer some rights to use the Software in accordance with the foregoing. All other rights are reserved by iTwin.
2.2 The License granted hereunder does not in any way whatsoever authorise the Customer to reproduce, distribute, rent, loan, sell, lease, license, sub-license, de-couple or otherwise deal in the Software and its related documentation.
2.3 iTwin provides to the Customer certain Support Services to facilitate certain uses of the Hardware. Any Updates and New Releases to the Software is the copyright of iTwin and will form part of the Software and be subject to the terms and conditions of this License.
3. Related Documentation
3.1 The License extends to any and all related documentation supplied to the Customer together with this Software and the Customer may not copy, reproduce, vary, alter and/or modify such related documentation without iTwin's prior written consent.
3.2 The proper use of the Hardware, the Software and the Support Services are set out as part of the Documentation which iTwin shall be entitled to update from time to time by publication on its website. Breach of such proper use requirements may void any warranty given by iTwin and/or result in a suspension or termination of the License or Support Services.
4. License Fee
4.1 The price paid by the Customer for the Hardware represents a one-time license fee in respect of the Software for the License. iTwin reserves the right to charge the Customer such other fees and charges as iTwin deems fit for any New Releases and Updates.
5. Intellectual Property Rights
5.1 All rights, title and interest in the Software (including without limitation all Intellectual Property Rights and Moral Rights) vest in and remain with iTwin at all times and the Customer acquires no rights whatsoever therein save and except as granted under the License. In the event the Customer acquires any rights whatsoever in the Software or its related documentation, whether by operation of law, through usage, association or otherwise, the Customer shall at its own cost and expense do all such things and execute all such documents as shall be necessary to assign any and all such rights to iTwin.
5.2 The Customer shall not remove, change or obscure any product identification or notices of proprietary rights and restriction of iTwin on or in the Software and/or its related documentation.
6. Copies
6.1 Subject to the following sub-clauses of this Clause, and without seeking to exclude or limit the application of the Copyright Act (Cap. 63 of Singapore), the Customer shall not copy the Software or its related documentation, in whole or in part for any purpose other than as permitted under these Terms and Conditions.
6.2 The Customer may make such number of copies of the Software as is necessary to serve its internal needs for computer system's back-up and security purposes. All copies of the Software and the media in which the copies are contained and its related documentation shall be and remain the property of iTwin at all times.
6.3 Immediately upon termination of the License for any reason, the Customer shall delete and/or destroy the Software (including all copies, authorised or otherwise) from its computer system, its related documentation and the media on which the Software and all copies thereof are contained.
7. Copies
7.1 The Customer shall not modify the whole or any part of the Software and/or Hardware or combine or integrate or incorporate the whole or any part of the Software in any other computer programme or system.
7.2 The Customer shall fully indemnify and hold harmless iTwin against any losses, damages, liability, claims, demands, actions, proceedings, costs and/or expenses incurred by iTwin arising from or in connection with any claim by any third party in the event any unauthorised modifications to the Software and/or Hardware by the Customer infringe the intellectual property rights of such third party.
8. Reverse Engineering
8.1 The Customer shall not reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile the Software and/or Hardware or any part of the Software and/or Hardware for any reason whatsoever.
9. Limited Warranty
9.1 iTWIN warrants that the Software and/or Hardware and/or Support Services will perform substantially as described in its related documentation, subject to the following limitations:
9.1.1 the warranty applies for three (3) months from the date of purchase by the Customer ("Limited Warranty Period"); and
9.1.2 the warranty will not apply to a claim arising from any unacceptable use or care of the Software and/or Hardware and/or Support Services, including (without limitation) misuse, abuse, negligence, acts of God, unauthorised modification or repair, unauthorised commercial use and any operation of the Software and/or Hardware outside iTwin's recommended parameters or resulting from events beyond iTwin's reasonable control.
9.2 The warranty in Clause 9.1 shall be the Customer's sole remedy against iTwin. iTwin disclaims all other warranties. For the avoidance of doubt, iTwin does not warrant that the Software and/or Hardware and/or the Support Services will be free from all errors and defects and that it will meet all the requirements of the Customer. Official statements made in relation to the Software and/or Hardware and/or Support Services are subject to proper use and assumptions made on specific supporting factors including operating system, computer configuration, network conditions, access control, minimum specifications and software compatibility. The Customer should check with his equipment and service providers on such extraneous issues. The Software and/or Hardware and/or Support Services may not operate as intended upon any deviation from such assumptions or improper use or in the event of force majeure events. ITwin therefore makes no warranties, expressed or implied, that such statements are accurate and current.
9.3 In order to make a warranty claim, the Customer shall contact iTwin by email within the Limited Warranty Period at feedback@iTwin.com with details of the defect. iTwin will respond with details of how to return the Hardware including the shipping address. The Hardware must then be returned to iTwin as soon as practicable. Upon receipt of the Hardware, iTwin shall conduct an assessment of the alleged defect to determine if it is covered within the warranty. iTwin reserves the right to take any and all types of remedial action (including but not limited to providing a one-to-one replacement or a repair) which iTwin deems appropriate in its sole and absolute discretion. In the event that iTwin offers the Customer a replacement or repaired Hardware, such Hardware shall be dispatched to the Customer within 10 working days from iTwin's receipt of the returned Hardware.
9.4 During the Limited Warranty Period, the Hardware will be repaired or replaced at iTwin's absolute and sole discretion without charge to the Customer for either parts or labour. The Limited Warranty Period shall not be extended by any repair and/or replacement of Hardware by iTwin. The Customer shall be solely responsible for making backups of data on the Hardware from time to time and before returning the same to iTwin. ITwin's sole responsibility is to repair or replace the Hardware during the Limited Warranty Period and iTwin shall not be responsible for any loss of use, loss of data or any other kind of losses suffered by the Customer.
9.5 All repaired or replacement Hardware shall be shipped to the Customer at iTwin's expense by registered post. Property in any replaced parts shall vest in iTwin.
10. Implied Terms
10.1 Any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded. To the extent permitted by law, iTwin hereby excludes any and all warranties which may be applicable to the Software and/or Hardware, the media on which the Software is contained and its related documentation which may be implied by law or otherwise, including any and all warranties as to merchantability and/or fitness for a particular purpose.
11. Returns
11.1 The Customer is permitted to return the Hardware, for a refund, for any reason and at any time within fifteen (15) days following the date the Hardware was purchased and must be in its original packaging and condition. In order to return the Hardware, the Customer shall contact iTwin by email immediately at feedback@iTwin.com. iTwin will respond with details of how to return the Hardware including the shipping address. The Hardware must then be returned to iTwin at the Customer's expense as soon as possible and with such method of shipping that is traceable (eg UPS, FedEx, Registered Post) to the provided address, to avail of the refund.
11.2 Risks in the returned Hardware shall only pass to iTwin when the Hardware is received by iTwin and iTwin shall not be responsible for returned Hardware that is lost in transit to iTwin. Upon receipt of returned Hardware, iTwin will inspect the returned Hardware and iTwin reserves the right to impose on the Customer any charges for any damage to the returned Hardware observed during such inspection. The Customer shall receive a refund of the purchase price (excluding any initial shipping charges incurred at purchase) within ten (10) working days of iTwin's receipt of the returned Hardware. In the event that the above procedures are not followed, iTwin reserves the right to accept or reject the returned Hardware on such terms that it may determine at its sole discretion.
12. Availability of Support Services
12.1 iTwin will use its reasonable endeavours to provide the Support Services subject to the terms of this Agreement.
12.2 The Customer acknowledges that iTwin's systems, servers, and equipment may from time to time be inoperative in full or in part as a consequence of but not limited to mechanical breakdown, malfunction, maintenance, hardware or software upgrades, computer security breaches, telecommunication connectivity or utility service problems or other factors beyond the control of iTwin and iTwin will not be liable for its failure or inability to provide continuous, error free, uninterrupted services under these or any other circumstances.
12.3 Where Support Services are inoperative, in full or in part, for reasons within iTwin's control, iTwin will use its reasonable endeavours to rectify faults or problems to restore the system to full operational capacity as soon as reasonably practicable.
13. Privacy
13. 1 The Customer is required to provide certain personal data when placing an online order for the iTwin device. This personal data includes the Customer's name, email address, delivery address and other personal information that will be needed to supply the iTwin Hardware and/or Software and/or Support Services to the Customer.
13.2 The Customer consents to iTwin retaining such personal data and using the same for future email mailings, support, notification of new products or new versions, general correspondence regarding the products to Customer. If the Customer does not wish to receive such marketing emails from iTwin, the Customer shall inform iTwin by email at mktg@iTwin.com with 'Unsubscribe' in the subject line of the email.
13.3 iTwin will not reveal details of your personal data to any other person unless iTwin obtains the Customer's permission or is under either a legal obligation or any other duty to do so. All the information that the Customer provides is treated by iTwin as set out in accordance with the iTwin Privacy Policy.
14. Term and Termination
14.1 The License will remain valid unless terminated in accordance with the Terms and Conditions. The Customer may terminate it at any time by destroying the Software and/or Hardware and its related documentation together with all copies in any media and form.
14.2 The License to use the Software and its related documentation will terminate automatically if you fail to comply with any term of this Agreement. The License will also terminate without further action or notice by iTwin if you become bankrupt, go into liquidation, suffer or make any winding up petition, make an arrangement with your creditors, have an administrator, administrative receiver or receiver appointed or suffer or file any similar action in consequence of a debt.
14.3 Upon termination of the License for any reason whatsoever, the Customer will destroy the Software and its related documentation together with all copies in any media and form, including copies on its hard and back-up drives. Any use of any copies of the Software or its related documentation after termination of the License is unlawful.
15. Entire Agreement
15.1 This Agreement supercedes all prior agreements, arrangements, understandings and undertakings between the parties and constitutes the entire agreement between the parties relating to the Software and the License granted hereunder.
16. Governing Laws and Arbitration
16.1 This Agreement shall be governed by and construed in accordance with the laws of Singapore.
16.2 Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall then be referred for resolution by arbitration in the Republic of Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force which rules are deemed to be incorporated by reference into this Agreement. All legal costs of the winning party shall be borne by the losing party on a full indemnity basis. The language in which the arbitration shall be conducted is English.
17. Severability
17.1 Should any part of this Agreement be or become invalid, that part shall be severed from this Agreement. Such invalidity shall not affect the validity of the remaining provisions of this Agreement which shall continue in full force and effect and valid and binding on the parties.
18. Third Party Acknowledgements
18.1 Portions of the Software utilises or includes third party software and other copyrighted material. These software are licensed under the terms of the GNU Library/Lesser General Public License (“LGPL”), Zlib, Berkeley Software Distribution (“BDS”) and the Code Project Open License (“CPOL”). A list of such software is provided in . Notwithstanding the generalisation of Clause 7 above, this Agreement does not prevent the modification of any such free software.

Schedule A

Open Source Acknowledgement

The Software makes use of the following open source software packages.

Package License Link
1 The GNU Transport Layer Security Library GNU LGPL v.2.1 http://www.gnu.org/software/gnutls/
2 UDP-Based Data Transfer BSD http://udt.sourceforge.net/license.html
3 Zlib Zlib http://www.zlib.net/zlib_license.html
4 Galaxy Tool Kit CPOL http://www.codeproject.com/KB/winsdk/Galaxy_Toolkit.aspx
5 Bug Trap GNU LGPL v.3 http://www.intellesoft.net/bugtrap-license.php?BugTrapSetup.zip



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Zlib

zlib.h -- interface of the 'zlib' general purpose compression library version 1.2.5, April 19th, 2010 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



Namespace extension toolkit

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BugTrap

GNU LESSER GENERAL PUBLIC LICENSE

Version 3, 29 June 2007

Copyright © 2007 Free Software Foundation, Inc. <http://fsf.org/>

Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

This version of the GNU Lesser General Public License incorporates the terms and conditions of version 3 of the GNU General Public License, supplemented by the additional permissions listed below.

0. Additional Definitions.

As used herein, “this License” refers to version 3 of the GNU Lesser General Public License, and the “GNU GPL” refers to version 3 of the GNU General Public License.

“The Library” refers to a covered work governed by this License, other than an Application or a Combined Work as defined below.

An “Application” is any work that makes use of an interface provided by the Library, but which is not otherwise based on the Library. Defining a subclass of a class defined by the Library is deemed a mode of using an interface provided by the Library.

A “Combined Work” is a work produced by combining or linking an Application with the Library. The particular version of the Library with which the Combined Work was made is also called the “Linked Version”.

The “Minimal Corresponding Source” for a Combined Work means the Corresponding Source for the Combined Work, excluding any source code for portions of the Combined Work that, considered in isolation, are based on the Application, and not on the Linked Version.

The “Corresponding Application Code” for a Combined Work means the object code and/or source code for the Application, including any data and utility programs needed for reproducing the Combined Work from the Application, but excluding the System Libraries of the Combined Work.

1. Exception to Section 3 of the GNU GPL.

You may convey a covered work under sections 3 and 4 of this License without being bound by section 3 of the GNU GPL.

2. Conveying Modified Versions.

If you modify a copy of the Library, and, in your modifications, a facility refers to a function or data to be supplied by an Application that uses the facility (other than as an argument passed when the facility is invoked), then you may convey a copy of the modified version:

  1. under this License, provided that you make a good faith effort to ensure that, in the event an Application does not supply the function or data, the facility still operates, and performs whatever part of its purpose remains meaningful, or
  2. under the GNU GPL, with none of the additional permissions of this License applicable to that copy.

3. Object Code Incorporating Material from Library Header Files.

The object code form of an Application may incorporate material from a header file that is part of the Library. You may convey such object code under terms of your choice, provided that, if the incorporated material is not limited to numerical parameters, data structure layouts and accessors, or small macros, inline functions and templates (ten or fewer lines in length), you do both of the following:

  1. Give prominent notice with each copy of the object code that the Library is used in it and that the Library and its use are covered by this License.
  2. Accompany the object code with a copy of the GNU GPL and this license document.

4. Combined Works.

You may convey a Combined Work under terms of your choice that, taken together, effectively do not restrict modification of the portions of the Library contained in the Combined Work and reverse engineering for debugging such modifications, if you also do each of the following:

  1. Give prominent notice with each copy of the Combined Work that the Library is used in it and that the Library and its use are covered by this License.
  2. Accompany the Combined Work with a copy of the GNU GPL and this license document.
  3. For a Combined Work that displays copyright notices during execution, include the copyright notice for the Library among these notices, as well as a reference directing the user to the copies of the GNU GPL and this license document.
  4. Do one of the following:
    1. Convey the Minimal Corresponding Source under the terms of this License, and the Corresponding Application Code in a form suitable for, and under terms that permit, the user to recombine or relink the Application with a modified version of the Linked Version to produce a modified Combined Work, in the manner specified by section 6 of the GNU GPL for conveying Corresponding Source.
    2. Use a suitable shared library mechanism for linking with the Library. A suitable mechanism is one that (a) uses at run time a copy of the Library already present on the user's computer system, and (b) will operate properly with a modified version of the Library that is interface-compatible with the Linked Version.
  5. Provide Installation Information, but only if you would otherwise be required to provide such information under section 6 of the GNU GPL, and only to the extent that such information is necessary to install and execute a modified version of the Combined Work produced by recombining or relinking the Application with a modified version of the Linked Version. (If you use option 4d0, the Installation Information must accompany the Minimal Corresponding Source and Corresponding Application Code. If you use option 4d1, you must provide the Installation Information in the manner specified by section 6 of the GNU GPL for conveying Corresponding Source.)

5. Combined Libraries.

You may place library facilities that are a work based on the Library side by side in a single library together with other library facilities that are not Applications and are not covered by this License, and convey such a combined library under terms of your choice, if you do both of the following:

  1. Accompany the combined library with a copy of the same work based on the Library, uncombined with any other library facilities, conveyed under the terms of this License.
  2. Give prominent notice with the combined library that part of it is a work based on the Library, and explaining where to find the accompanying uncombined form of the same work.

6. Revised Versions of the GNU Lesser General Public License.

The Free Software Foundation may publish revised and/or new versions of the GNU 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 as you received it specifies that a certain numbered version of the GNU Lesser General Public License “or any later version” applies to it, you have the option of following the terms and conditions either of that published version or of any later version published by the Free Software Foundation. If the Library as you received it does not specify a version number of the GNU Lesser General Public License, you may choose any version of the GNU Lesser General Public License ever published by the Free Software Foundation.

If the Library as you received it specifies that a proxy can decide whether future versions of the GNU Lesser General Public License shall apply, that proxy's public statement of acceptance of any version is permanent authorization for you to choose that version for the Library.

 

 

GNU GENERAL PUBLIC LICENSE

Version 3, 29 June 2007

Copyright © 2007 Free Software Foundation, Inc. <http://fsf.org/>

Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

Preamble

The GNU General Public License is a free, copyleft license for software and other kinds of works.

The licenses for most software and other practical works are designed to take away your freedom to share and change the works. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change all versions of a program--to make sure it remains free software for all its users. We, the Free Software Foundation, use the GNU General Public License for most of our software; it applies also to any other work released this way by its authors. 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 them 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 prevent others from denying you these rights or asking you to surrender the rights. Therefore, you have certain responsibilities if you distribute copies of the software, or if you modify it: responsibilities to respect the freedom of others.

For example, if you distribute copies of such a program, whether gratis or for a fee, you must pass on to the recipients the same freedoms that you received. 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.

Developers that use the GNU GPL protect your rights with two steps: (1) assert copyright on the software, and (2) offer you this License giving you legal permission to copy, distribute and/or modify it.

For the developers' and authors' protection, the GPL clearly explains that there is no warranty for this free software. For both users' and authors' sake, the GPL requires that modified versions be marked as changed, so that their problems will not be attributed erroneously to authors of previous versions.

Some devices are designed to deny users access to install or run modified versions of the software inside them, although the manufacturer can do so. This is fundamentally incompatible with the aim of protecting users' freedom to change the software. The systematic pattern of such abuse occurs in the area of products for individuals to use, which is precisely where it is most unacceptable. Therefore, we have designed this version of the GPL to prohibit the practice for those products. If such problems arise substantially in other domains, we stand ready to extend this provision to those domains in future versions of the GPL, as needed to protect the freedom of users.

Finally, every program is threatened constantly by software patents. States should not allow patents to restrict development and use of software on general-purpose computers, but in those that do, we wish to avoid the special danger that patents applied to a free program could make it effectively proprietary. To prevent this, the GPL assures that patents cannot be used to render the program non-free.

The precise terms and conditions for copying, distribution and modification follow.

TERMS AND CONDITIONS

0. Definitions.

“This License” refers to version 3 of the GNU General Public License.

“Copyright” also means copyright-like laws that apply to other kinds of works, such as semiconductor masks.

“The Program” refers to any copyrightable work licensed under this License. Each licensee is addressed as “you”. “Licensees” and “recipients” may be individuals or organizations.

To “modify” a work means to copy from or adapt all or part of the work in a fashion requiring copyright permission, other than the making of an exact copy. The resulting work is called a “modified version” of the earlier work or a work “based on” the earlier work.

A “covered work” means either the unmodified Program or a work based on the Program.

To “propagate” a work means to do anything with it that, without permission, would make you directly or secondarily liable for infringement under applicable copyright law, except executing it on a computer or modifying a private copy. Propagation includes copying, distribution (with or without modification), making available to the public, and in some countries other activities as well.

To “convey” a work means any kind of propagation that enables other parties to make or receive copies. Mere interaction with a user through a computer network, with no transfer of a copy, is not conveying.

An interactive user interface displays “Appropriate Legal Notices” to the extent that it includes a convenient and prominently visible feature that (1) displays an appropriate copyright notice, and (2) tells the user that there is no warranty for the work (except to the extent that warranties are provided), that licensees may convey the work under this License, and how to view a copy of this License. If the interface presents a list of user commands or options, such as a menu, a prominent item in the list meets this criterion.

1. Source Code.

The “source code” for a work means the preferred form of the work for making modifications to it. “Object code” means any non-source form of a work.

A “Standard Interface” means an interface that either is an official standard defined by a recognized standards body, or, in the case of interfaces specified for a particular programming language, one that is widely used among developers working in that language.

The “System Libraries” of an executable work include anything, other than the work as a whole, that (a) is included in the normal form of packaging a Major Component, but which is not part of that Major Component, and (b) serves only to enable use of the work with that Major Component, or to implement a Standard Interface for which an implementation is available to the public in source code form. A “Major Component”, in this context, means a major essential component (kernel, window system, and so on) of the specific operating system (if any) on which the executable work runs, or a compiler used to produce the work, or an object code interpreter used to run it.

The “Corresponding Source” for a work in object code form means all the source code needed to generate, install, and (for an executable work) run the object code and to modify the work, including scripts to control those activities. However, it does not include the work's System Libraries, or general-purpose tools or generally available free programs which are used unmodified in performing those activities but which are not part of the work. For example, Corresponding Source includes interface definition files associated with source files for the work, and the source code for shared libraries and dynamically linked subprograms that the work is specifically designed to require, such as by intimate data communication or control flow between those subprograms and other parts of the work.

The Corresponding Source need not include anything that users can regenerate automatically from other parts of the Corresponding Source.

The Corresponding Source for a work in source code form is that same work.

2. Basic Permissions.

All rights granted under this License are granted for the term of copyright on the Program, and are irrevocable provided the stated conditions are met. This License explicitly affirms your unlimited permission to run the unmodified Program. The output from running a covered work is covered by this License only if the output, given its content, constitutes a covered work. This License acknowledges your rights of fair use or other equivalent, as provided by copyright law.

You may make, run and propagate covered works that you do not convey, without conditions so long as your license otherwise remains in force. You may convey covered works to others for the sole purpose of having them make modifications exclusively for you, or provide you with facilities for running those works, provided that you comply with the terms of this License in conveying all material for which you do not control copyright. Those thus making or running the covered works for you must do so exclusively on your behalf, under your direction and control, on terms that prohibit them from making any copies of your copyrighted material outside their relationship with you.

Conveying under any other circumstances is permitted solely under the conditions stated below. Sublicensing is not allowed; section 10 makes it unnecessary.

3. Protecting Users' Legal Rights From Anti-Circumvention Law.

No covered work shall be deemed part of an effective technological measure under any applicable law fulfilling obligations under article 11 of the WIPO copyright treaty adopted on 20 December 1996, or similar laws prohibiting or restricting circumvention of such measures.

When you convey a covered work, you waive any legal power to forbid circumvention of technological measures to the extent such circumvention is effected by exercising rights under this License with respect to the covered work, and you disclaim any intention to limit operation or modification of the work as a means of enforcing, against the work's users, your or third parties' legal rights to forbid circumvention of technological measures.

4. Conveying Verbatim Copies.

You may convey 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; keep intact all notices stating that this License and any non-permissive terms added in accord with section 7 apply to the code; keep intact all notices of the absence of any warranty; and give all recipients a copy of this License along with the Program.

You may charge any price or no price for each copy that you convey, and you may offer support or warranty protection for a fee.

5. Conveying Modified Source Versions.

You may convey a work based on the Program, or the modifications to produce it from the Program, in the form of source code under the terms of section 4, provided that you also meet all of these conditions:

  • a) The work must carry prominent notices stating that you modified it, and giving a relevant date.
  • b) The work must carry prominent notices stating that it is released under this License and any conditions added under section 7. This requirement modifies the requirement in section 4 to “keep intact all notices”.
  • c) You must license the entire work, as a whole, under this License to anyone who comes into possession of a copy. This License will therefore apply, along with any applicable section 7 additional terms, to the whole of the work, and all its parts, regardless of how they are packaged. This License gives no permission to license the work in any other way, but it does not invalidate such permission if you have separately received it.
  • d) If the work has interactive user interfaces, each must display Appropriate Legal Notices; however, if the Program has interactive interfaces that do not display Appropriate Legal Notices, your work need not make them do so.

A compilation of a covered work with other separate and independent works, which are not by their nature extensions of the covered work, and which are not combined with it such as to form a larger program, in or on a volume of a storage or distribution medium, is called an “aggregate” if the compilation and its resulting copyright are not used to limit the access or legal rights of the compilation's users beyond what the individual works permit. Inclusion of a covered work in an aggregate does not cause this License to apply to the other parts of the aggregate.

6. Conveying Non-Source Forms.

You may convey a covered work in object code form under the terms of sections 4 and 5, provided that you also convey the machine-readable Corresponding Source under the terms of this License, in one of these ways:

  • a) Convey the object code in, or embodied in, a physical product (including a physical distribution medium), accompanied by the Corresponding Source fixed on a durable physical medium customarily used for software interchange.
  • b) Convey the object code in, or embodied in, a physical product (including a physical distribution medium), accompanied by a written offer, valid for at least three years and valid for as long as you offer spare parts or customer support for that product model, to give anyone who possesses the object code either (1) a copy of the Corresponding Source for all the software in the product that is covered by this License, on a durable physical medium customarily used for software interchange, for a price no more than your reasonable cost of physically performing this conveying of source, or (2) access to copy the Corresponding Source from a network server at no charge.
  • c) Convey individual copies of the object code with a copy of the written offer to provide the Corresponding Source. This alternative is allowed only occasionally and noncommercially, and only if you received the object code with such an offer, in accord with subsection 6b.
  • d) Convey the object code by offering access from a designated place (gratis or for a charge), and offer equivalent access to the Corresponding Source in the same way through the same place at no further charge. You need not require recipients to copy the Corresponding Source along with the object code. If the place to copy the object code is a network server, the Corresponding Source may be on a different server (operated by you or a third party) that supports equivalent copying facilities, provided you maintain clear directions next to the object code saying where to find the Corresponding Source. Regardless of what server hosts the Corresponding Source, you remain obligated to ensure that it is available for as long as needed to satisfy these requirements.
  • e) Convey the object code using peer-to-peer transmission, provided you inform other peers where the object code and Corresponding Source of the work are being offered to the general public at no charge under subsection 6d.

A separable portion of the object code, whose source code is excluded from the Corresponding Source as a System Library, need not be included in conveying the object code work.

A “User Product” is either (1) a “consumer product”, which means any tangible personal property which is normally used for personal, family, or household purposes, or (2) anything designed or sold for incorporation into a dwelling. In determining whether a product is a consumer product, doubtful cases shall be resolved in favor of coverage. For a particular product received by a particular user, “normally used” refers to a typical or common use of that class of product, regardless of the status of the particular user or of the way in which the particular user actually uses, or expects or is expected to use, the product. A product is a consumer product regardless of whether the product has substantial commercial, industrial or non-consumer uses, unless such uses represent the only significant mode of use of the product.

“Installation Information” for a User Product means any methods, procedures, authorization keys, or other information required to install and execute modified versions of a covered work in that User Product from a modified version of its Corresponding Source. The information must suffice to ensure that the continued functioning of the modified object code is in no case prevented or interfered with solely because modification has been made.

If you convey an object code work under this section in, or with, or specifically for use in, a User Product, and the conveying occurs as part of a transaction in which the right of possession and use of the User Product is transferred to the recipient in perpetuity or for a fixed term (regardless of how the transaction is characterized), the Corresponding Source conveyed under this section must be accompanied by the Installation Information. But this requirement does not apply if neither you nor any third party retains the ability to install modified object code on the User Product (for example, the work has been installed in ROM).

The requirement to provide Installation Information does not include a requirement to continue to provide support service, warranty, or updates for a work that has been modified or installed by the recipient, or for the User Product in which it has been modified or installed. Access to a network may be denied when the modification itself materially and adversely affects the operation of the network or violates the rules and protocols for communication across the network.

Corresponding Source conveyed, and Installation Information provided, in accord with this section must be in a format that is publicly documented (and with an implementation available to the public in source code form), and must require no special password or key for unpacking, reading or copying.

7. Additional Terms.

“Additional permissions” are terms that supplement the terms of this License by making exceptions from one or more of its conditions. Additional permissions that are applicable to the entire Program shall be treated as though they were included in this License, to the extent that they are valid under applicable law. If additional permissions apply only to part of the Program, that part may be used separately under those permissions, but the entire Program remains governed by this License without regard to the additional permissions.

When you convey a copy of a covered work, you may at your option remove any additional permissions from that copy, or from any part of it. (Additional permissions may be written to require their own removal in certain cases when you modify the work.) You may place additional permissions on material, added by you to a covered work, for which you have or can give appropriate copyright permission.

Notwithstanding any other provision of this License, for material you add to a covered work, you may (if authorized by the copyright holders of that material) supplement the terms of this License with terms:

  • a) Disclaiming warranty or limiting liability differently from the terms of sections 15 and 16 of this License; or
  • b) Requiring preservation of specified reasonable legal notices or author attributions in that material or in the Appropriate Legal Notices displayed by works containing it; or
  • c) Prohibiting misrepresentation of the origin of that material, or requiring that modified versions of such material be marked in reasonable ways as different from the original version; or
  • d) Limiting the use for publicity purposes of names of licensors or authors of the material; or
  • e) Declining to grant rights under trademark law for use of some trade names, trademarks, or service marks; or
  • f) Requiring indemnification of licensors and authors of that material by anyone who conveys the material (or modified versions of it) with contractual assumptions of liability to the recipient, for any liability that these contractual assumptions directly impose on those licensors and authors.

All other non-permissive additional terms are considered “further restrictions” within the meaning of section 10. If the Program as you received it, or any part of it, contains a notice stating that it is governed by this License along with a term that is a further restriction, you may remove that term. If a license document contains a further restriction but permits relicensing or conveying under this License, you may add to a covered work material governed by the terms of that license document, provided that the further restriction does not survive such relicensing or conveying.

If you add terms to a covered work in accord with this section, you must place, in the relevant source files, a statement of the additional terms that apply to those files, or a notice indicating where to find the applicable terms.

Additional terms, permissive or non-permissive, may be stated in the form of a separately written license, or stated as exceptions; the above requirements apply either way.

8. Termination.

You may not propagate or modify a covered work except as expressly provided under this License. Any attempt otherwise to propagate or modify it is void, and will automatically terminate your rights under this License (including any patent licenses granted under the third paragraph of section 11).

However, if you cease all violation of this License, then your license from a particular copyright holder is reinstated (a) provisionally, unless and until the copyright holder explicitly and finally terminates your license, and (b) permanently, if the copyright holder fails to notify you of the violation by some reasonable means prior to 60 days after the cessation.

Moreover, your license from a particular copyright holder is reinstated permanently if the copyright holder notifies you of the violation by some reasonable means, this is the first time you have received notice of violation of this License (for any work) from that copyright holder, and you cure the violation prior to 30 days after your receipt of the notice.

Termination of your rights under this section does not terminate the licenses of parties who have received copies or rights from you under this License. If your rights have been terminated and not permanently reinstated, you do not qualify to receive new licenses for the same material under section 10.

9. Acceptance Not Required for Having Copies.

You are not required to accept this License in order to receive or run a copy of the Program. Ancillary propagation of a covered work occurring solely as a consequence of using peer-to-peer transmission to receive a copy likewise does not require acceptance. However, nothing other than this License grants you permission to propagate or modify any covered work. These actions infringe copyright if you do not accept this License. Therefore, by modifying or propagating a covered work, you indicate your acceptance of this License to do so.

10. Automatic Licensing of Downstream Recipients.

Each time you convey a covered work, the recipient automatically receives a license from the original licensors, to run, modify and propagate that work, subject to this License. You are not responsible for enforcing compliance by third parties with this License.

An “entity transaction” is a transaction transferring control of an organization, or substantially all assets of one, or subdividing an organization, or merging organizations. If propagation of a covered work results from an entity transaction, each party to that transaction who receives a copy of the work also receives whatever licenses to the work the party's predecessor in interest had or could give under the previous paragraph, plus a right to possession of the Corresponding Source of the work from the predecessor in interest, if the predecessor has it or can get it with reasonable efforts.

You may not impose any further restrictions on the exercise of the rights granted or affirmed under this License. For example, you may not impose a license fee, royalty, or other charge for exercise of rights granted under this License, and you may not initiate litigation (including a cross-claim or counterclaim in a lawsuit) alleging that any patent claim is infringed by making, using, selling, offering for sale, or importing the Program or any portion of it.

11. Patents.

A “contributor” is a copyright holder who authorizes use under this License of the Program or a work on which the Program is based. The work thus licensed is called the contributor's “contributor version”.

A contributor's “essential patent claims” are all patent claims owned or controlled by the contributor, whether already acquired or hereafter acquired, that would be infringed by some manner, permitted by this License, of making, using, or selling its contributor version, but do not include claims that would be infringed only as a consequence of further modification of the contributor version. For purposes of this definition, “control” includes the right to grant patent sublicenses in a manner consistent with the requirements of this License.

Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the contributor's essential patent claims, to make, use, sell, offer for sale, import and otherwise run, modify and propagate the contents of its contributor version.

In the following three paragraphs, a “patent license” is any express agreement or commitment, however denominated, not to enforce a patent (such as an express permission to practice a patent or covenant not to sue for patent infringement). To “grant” such a patent license to a party means to make such an agreement or commitment not to enforce a patent against the party.

If you convey a covered work, knowingly relying on a patent license, and the Corresponding Source of the work is not available for anyone to copy, free of charge and under the terms of this License, through a publicly available network server or other readily accessible means, then you must either (1) cause the Corresponding Source to be so available, or (2) arrange to deprive yourself of the benefit of the patent license for this particular work, or (3) arrange, in a manner consistent with the requirements of this License, to extend the patent license to downstream recipients. “Knowingly relying” means you have actual knowledge that, but for the patent license, your conveying the covered work in a country, or your recipient's use of the covered work in a country, would infringe one or more identifiable patents in that country that you have reason to believe are valid.

If, pursuant to or in connection with a single transaction or arrangement, you convey, or propagate by procuring conveyance of, a covered work, and grant a patent license to some of the parties receiving the covered work authorizing them to use, propagate, modify or convey a specific copy of the covered work, then the patent license you grant is automatically extended to all recipients of the covered work and works based on it.

A patent license is “discriminatory” if it does not include within the scope of its coverage, prohibits the exercise of, or is conditioned on the non-exercise of one or more of the rights that are specifically granted under this License. You may not convey a covered work if you are a party to an arrangement with a third party that is in the business of distributing software, under which you make payment to the third party based on the extent of your activity of conveying the work, and under which the third party grants, to any of the parties who would receive the covered work from you, a discriminatory patent license (a) in connection with copies of the covered work conveyed by you (or copies made from those copies), or (b) primarily for and in connection with specific products or compilations that contain the covered work, unless you entered into that arrangement, or that patent license was granted, prior to 28 March 2007.

Nothing in this License shall be construed as excluding or limiting any implied license or other defenses to infringement that may otherwise be available to you under applicable patent law.

12. No Surrender of Others' Freedom.

If 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 convey a covered work so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not convey it at all. For example, if you agree to terms that obligate you to collect a royalty for further conveying from those to whom you convey the Program, the only way you could satisfy both those terms and this License would be to refrain entirely from conveying the Program.

13. Use with the GNU Affero General Public License.

Notwithstanding any other provision of this License, you have permission to link or combine any covered work with a work licensed under version 3 of the GNU Affero General Public License into a single combined work, and to convey the resulting work. The terms of this License will continue to apply to the part which is the covered work, but the special requirements of the GNU Affero General Public License, section 13, concerning interaction through a network will apply to the combination as such.

14. Revised Versions of this License.

The Free Software Foundation may publish revised and/or new versions of the GNU 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 that a certain numbered version of the GNU General Public License “or any later version” applies to it, you have the option of following the terms and conditions either of that numbered version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of the GNU General Public License, you may choose any version ever published by the Free Software Foundation.

If the Program specifies that a proxy can decide which future versions of the GNU General Public License can be used, that proxy's public statement of acceptance of a version permanently authorizes you to choose that version for the Program.

Later license versions may give you additional or different permissions. However, no additional obligations are imposed on any author or copyright holder as a result of your choosing to follow a later version.

15. Disclaimer of Warranty.

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.

16. Limitation of Liability.

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS 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.

17. Interpretation of Sections 15 and 16.

If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Program, unless a warranty or assumption of liability accompanies a copy of the Program in return for a fee.

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