MIXMASTER LICENSE AGREEMENT 1. Grant of License.
Anonymizer Inc. grants you the following non-exclusive license for the Mixmaster program and its associated documentation (the "Program"), subject to all of the following terms and conditions: a) You may use the Program, and copy and distribute verbatim copies of the Program as you receive it, in any medium. Local regulations may exist which limit your rights to distribute or use cryptographic software. In certain jurisdictions, parts of this software are protected by patents. It is your responsibility to obtain the appropriate licenses. b) You may modify the Program or incorporate the Program or any portion of it into other computer programs. You may copy and distribute such modifications or work, provided that you: (i) cause the modified Program to carry a prominent notice stating that it has been modified, and cause the modified files to carry notices stating that you changed the files and the date of any change; (ii) reproduce and include this Agreement, the copyright notices and disclaimer of warranty on any copy; and (iii) provide Anonymizer Inc. with a copy of the Source Code of such modifications or work by electronic mail, and grant Anonymizer Inc. a perpetual, royalty-free license to use and distribute the modifications or work in its products. "Source Code" means the preferred form of a work for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an executable. 2. Reservation of Rights. No rights are granted to the Program except as expressly set forth herein. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this Agreement. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this Agreement. 3. DISCLAIMER OF WARRANTY. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE PROGRAM IS PROVIDED ON AN ``AS IS'' BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE PROGRAM IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT ANONYMIZER INC. OR ANY DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF THE PROGRAM IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 4. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL ANONYMIZER INC. OR ANY DEVELOPER OR ANY OTHER CONTRIBUTOR OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 5. General. This license represents the complete agreement concerning subject matter hereof. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License. ----- Forwarded message from Walter Landry <[EMAIL PROTECTED]> ----- To: [EMAIL PROTECTED] Subject: Re: mixmaster 2.9, 3.0 license From: Walter Landry <[EMAIL PROTECTED]> X-Dispatcher: imput version 991025(IM133) > I'd like to package Mixmaster 2.9 (or 3.0, when it is released) for > inclusion in Debian GNU/Linux, but there is a provision the license > agreement that is incompatible with the Debian Free Software Guidelines. > See <http://www.debian.org/social_contract#guidelines>. Unless a minor > change is made to the license, I won't be able to package the software. Could you post the entire license on debian-legal? I, at least, don't know where to get it. Thanks, Walter Landry [EMAIL PROTECTED] ----- End forwarded message ----- -- Brian Ristuccia [EMAIL PROTECTED] [EMAIL PROTECTED]