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Revision: 1.2
Committed: Wed Aug 15 06:50:39 2007 UTC (16 years, 8 months ago) by root
Branch: MAIN
CVS Tags: rel-2_2, rel-2_3
Changes since 1.1: +215 -221 lines
Log Message:
updated draft affero license

File Contents

# Content
1 GNU AFFERO GENERAL PUBLIC LICENSE
2 Last Call Draft (2) of Version 3, 14 August 2007
3
4 THIS IS A DRAFT, NOT A PUBLISHED VERSION OF THE GNU AFFERO GENERAL PUBLIC
5 LICENSE.
6
7 Copyright (C) 2007 Free Software Foundation, Inc. <http://fsf.org/>
8 Everyone is permitted to copy and distribute verbatim copies
9 of this license document, but changing it is not allowed.
10
11 Preamble
12
13 The GNU Affero General Public License is a free, copyleft license
14 for software and other kinds of works, specifically designed to ensure
15 cooperation with the community in the case of network server software.
16
17 The licenses for most software and other practical works are
18 designed to take away your freedom to share and change the works. By
19 contrast, our General Public Licenses are intended to guarantee your
20 freedom to share and change all versions of a program--to make sure it
21 remains free software for all its users.
22
23 When we speak of free software, we are referring to freedom, not
24 price. Our General Public Licenses are designed to make sure that you
25 have the freedom to distribute copies of free software (and charge for
26 them if you wish), that you receive source code or can get it if you
27 want it, that you can change the software or use pieces of it in new
28 free programs, and that you know you can do these things.
29
30 Developers that use our General Public Licenses protect your rights
31 with two steps: (1) assert copyright on the software, and (2) offer
32 you this License which gives you legal permission to copy, distribute
33 and/or modify the software.
34
35 A secondary benefit of defending all users' freedom is that
36 improvements made in alternate versions of the program, if they
37 receive widespread use, become available for other developers to
38 incorporate. Many developers of free software are heartened and
39 encouraged by the resulting cooperation. However, in the case of
40 software used on network servers, this result may fail to come about.
41 The GNU General Public License permits making a modified version and
42 letting the public access it on a server without ever releasing its
43 source code to the public.
44
45 The GNU Affero General Public License is designed specifically to
46 ensure that, in such cases, the modified source code becomes available
47 to the community. It requires the operator of a network server to
48 provide the source code of the modified version running there to the
49 users of that server. Therefore, public use of a modified version, on
50 a publicly accessible server, gives the public access to the source
51 code of the modified version.
52
53 The precise terms and conditions for copying, distribution and
54 modification follow.
55
56 TERMS AND CONDITIONS
57
58 0. Definitions.
59
60 "This License" refers to version 3 of the GNU Affero General Public
61 License.
62
63 "Copyright" also means copyright-like laws that apply to other kinds of
64 works, such as semiconductor masks.
65
66 "The Program" refers to any copyrightable work licensed under this
67 License. Each licensee is addressed as "you". "Licensees" and
68 "recipients" may be individuals or organizations.
69
70 To "modify" a work means to copy from or adapt all or part of the work
71 in a fashion requiring copyright permission, other than the making of an
72 exact copy. The resulting work is called a "modified version" of the
73 earlier work or a work "based on" the earlier work.
74
75 A "covered work" means either the unmodified Program or a work based
76 on the Program.
77
78 To "propagate" a work means to do anything with it that, without
79 permission, would make you directly or secondarily liable for
80 infringement under applicable copyright law, except executing it on a
81 computer or modifying a private copy. Propagation includes copying,
82 distribution (with or without modification), making available to the
83 public, and in some countries other activities as well.
84
85 To "convey" a work means any kind of propagation that enables other
86 parties to make or receive copies. Mere interaction with a user through
87 a computer network, with no transfer of a copy, is not conveying.
88
89 An interactive user interface displays "Appropriate Legal Notices"
90 to the extent that it includes a convenient and prominently visible
91 feature that (1) displays an appropriate copyright notice, and (2)
92 tells the user that there is no warranty for the work (except to the
93 extent that warranties are provided), that licensees may convey the
94 work under this License, and how to view a copy of this License. If
95 the interface presents a list of user commands or options, such as a
96 menu, a prominent item in the list meets this criterion.
97
98 1. Source Code.
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100 The "source code" for a work means the preferred form of the work
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106 interfaces specified for a particular programming language, one that
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108
109 The "System Libraries" of an executable work include anything, other
110 than the work as a whole, that (a) is included in the normal form of
111 packaging a Major Component, but which is not part of that Major
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114 implementation is available to the public in source code form. A
115 "Major Component", in this context, means a major essential component
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118 produce the work, or an object code interpreter used to run it.
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120 The "Corresponding Source" for a work in object code form means all
121 the source code needed to generate, install, and (for an executable
122 work) run the object code and to modify the work, including scripts to
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125 programs which are used unmodified in performing those activities but
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134 can regenerate automatically from other parts of the Corresponding
135 Source.
136
137 The Corresponding Source for a work in source code form is that
138 same work.
139
140 2. Basic Permissions.
141
142 All rights granted under this License are granted for the term of
143 copyright on the Program, and are irrevocable provided the stated
144 conditions are met. This License explicitly affirms your unlimited
145 permission to run the unmodified Program. The output from running a
146 covered work is covered by this License only if the output, given its
147 content, constitutes a covered work. This License acknowledges your
148 rights of fair use or other equivalent, as provided by copyright law.
149
150 You may make, run and propagate covered works that you do not
151 convey, without conditions so long as your license otherwise remains
152 in force. You may convey covered works to others for the sole purpose
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160
161 Conveying under any other circumstances is permitted solely under
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163 makes it unnecessary.
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167 No covered work shall be deemed part of an effective technological
168 measure under any applicable law fulfilling obligations under article
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170 similar laws prohibiting or restricting circumvention of such
171 measures.
172
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174 circumvention of technological measures to the extent such circumvention
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180
181 4. Conveying Verbatim Copies.
182
183 You may convey verbatim copies of the Program's source code as you
184 receive it, in any medium, provided that you conspicuously and
185 appropriately publish on each copy an appropriate copyright notice;
186 keep intact all notices stating that this License and any
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188 keep intact all notices of the absence of any warranty; and give all
189 recipients a copy of this License along with the Program.
190
191 You may charge any price or no price for each copy that you convey,
192 and you may offer support or warranty protection for a fee.
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194 5. Conveying Modified Source Versions.
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196 You may convey a work based on the Program, or the modifications to
197 produce it from the Program, in the form of source code under the
198 terms of section 4, provided that you also meet all of these conditions:
199
200 a) The work must carry prominent notices stating that you modified
201 it, and giving a relevant date.
202
203 b) The work must carry prominent notices stating that it is
204 released under this License and any conditions added under section
205 7. This requirement modifies the requirement in section 4 to
206 "keep intact all notices".
207
208 c) You must license the entire work, as a whole, under this
209 License to anyone who comes into possession of a copy. This
210 License will therefore apply, along with any applicable section 7
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212 regardless of how they are packaged. This License gives no
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216 d) If the work has interactive user interfaces, each must display
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220
221 A compilation of a covered work with other separate and independent
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224 in or on a volume of a storage or distribution medium, is called an
225 "aggregate" if the compilation and its resulting copyright are not
226 used to limit the access or legal rights of the compilation's users
227 beyond what the individual works permit. Inclusion of a covered work
228 in an aggregate does not cause this License to apply to the other
229 parts of the aggregate.
230
231 6. Conveying Non-Source Forms.
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233 You may convey a covered work in object code form under the terms
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238 a) Convey the object code in, or embodied in, a physical product
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241 customarily used for software interchange.
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243 b) Convey the object code in, or embodied in, a physical product
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246 long as you offer spare parts or customer support for that product
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248 copy of the Corresponding Source for all the software in the
249 product that is covered by this License, on a durable physical
250 medium customarily used for software interchange, for a price no
251 more than your reasonable cost of physically performing this
252 conveying of source, or (2) access to copy the
253 Corresponding Source from a network server at no charge.
254
255 c) Convey individual copies of the object code with a copy of the
256 written offer to provide the Corresponding Source. This
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258 only if you received the object code with such an offer, in accord
259 with subsection 6b.
260
261 d) Convey the object code by offering access from a designated
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263 Corresponding Source in the same way through the same place at no
264 further charge. You need not require recipients to copy the
265 Corresponding Source along with the object code. If the place to
266 copy the object code is a network server, the Corresponding Source
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274 e) Convey the object code using peer-to-peer transmission, provided
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276 Source of the work are being offered to the general public at no
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280 from the Corresponding Source as a System Library, need not be
281 included in conveying the object code work.
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283 A "User Product" is either (1) a "consumer product", which means any
284 tangible personal property which is normally used for personal, family,
285 or household purposes, or (2) anything designed or sold for incorporation
286 into a dwelling. In determining whether a product is a consumer product,
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293 commercial, industrial or non-consumer uses, unless such uses represent
294 the only significant mode of use of the product.
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296 "Installation Information" for a User Product means any methods,
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302 modification has been made.
303
304 If you convey an object code work under this section in, or with, or
305 specifically for use in, a User Product, and the conveying occurs as
306 part of a transaction in which the right of possession and use of the
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308 fixed term (regardless of how the transaction is characterized), the
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311 if neither you nor any third party retains the ability to install
312 modified object code on the User Product (for example, the work has
313 been installed in ROM).
314
315 The requirement to provide Installation Information does not include a
316 requirement to continue to provide support service, warranty, or updates
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318 the User Product in which it has been modified or installed. Access to a
319 network may be denied when the modification itself materially and
320 adversely affects the operation of the network or violates the rules and
321 protocols for communication across the network.
322
323 Corresponding Source conveyed, and Installation Information provided,
324 in accord with this section must be in a format that is publicly
325 documented (and with an implementation available to the public in
326 source code form), and must require no special password or key for
327 unpacking, reading or copying.
328
329 7. Additional Terms.
330
331 "Additional permissions" are terms that supplement the terms of this
332 License by making exceptions from one or more of its conditions.
333 Additional permissions that are applicable to the entire Program shall
334 be treated as though they were included in this License, to the extent
335 that they are valid under applicable law. If additional permissions
336 apply only to part of the Program, that part may be used separately
337 under those permissions, but the entire Program remains governed by
338 this License without regard to the additional permissions.
339
340 When you convey a copy of a covered work, you may at your option
341 remove any additional permissions from that copy, or from any part of
342 it. (Additional permissions may be written to require their own
343 removal in certain cases when you modify the work.) You may place
344 additional permissions on material, added by you to a covered work,
345 for which you have or can give appropriate copyright permission.
346
347 Notwithstanding any other provision of this License, for material you
348 add to a covered work, you may (if authorized by the copyright holders of
349 that material) supplement the terms of this License with terms:
350
351 a) Disclaiming warranty or limiting liability differently from the
352 terms of sections 15 and 16 of this License; or
353
354 b) Requiring preservation of specified reasonable legal notices or
355 author attributions in that material or in the Appropriate Legal
356 Notices displayed by works containing it; or
357
358 c) Prohibiting misrepresentation of the origin of that material, or
359 requiring that modified versions of such material be marked in
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361
362 d) Limiting the use for publicity purposes of names of licensors or
363 authors of the material; or
364
365 e) Declining to grant rights under trademark law for use of some
366 trade names, trademarks, or service marks; or
367
368 f) Requiring indemnification of licensors and authors of that
369 material by anyone who conveys the material (or modified versions of
370 it) with contractual assumptions of liability to the recipient, for
371 any liability that these contractual assumptions directly impose on
372 those licensors and authors.
373
374 All other non-permissive additional terms are considered "further
375 restrictions" within the meaning of section 10. If the Program as you
376 received it, or any part of it, contains a notice stating that it is
377 governed by this License along with a term that is a further
378 restriction, you may remove that term. If a license document contains
379 a further restriction but permits relicensing or conveying under this
380 License, you may add to a covered work material governed by the terms
381 of that license document, provided that the further restriction does
382 not survive such relicensing or conveying.
383
384 If you add terms to a covered work in accord with this section, you
385 must place, in the relevant source files, a statement of the
386 additional terms that apply to those files, or a notice indicating
387 where to find the applicable terms.
388
389 Additional terms, permissive or non-permissive, may be stated in the
390 form of a separately written license, or stated as exceptions;
391 the above requirements apply either way.
392
393 8. Termination.
394
395 You may not propagate or modify a covered work except as expressly
396 provided under this License. Any attempt otherwise to propagate or
397 modify it is void, and will automatically terminate your rights under
398 this License (including any patent licenses granted under the third
399 paragraph of section 11).
400
401 However, if you cease all violation of this License, then your
402 license from a particular copyright holder is reinstated (a)
403 provisionally, unless and until the copyright holder explicitly and
404 finally terminates your license, and (b) permanently, if the copyright
405 holder fails to notify you of the violation by some reasonable means
406 prior to 60 days after the cessation.
407
408 Moreover, your license from a particular copyright holder is
409 reinstated permanently if the copyright holder notifies you of the
410 violation by some reasonable means, this is the first time you have
411 received notice of violation of this License (for any work) from that
412 copyright holder, and you cure the violation prior to 30 days after
413 your receipt of the notice.
414
415 Termination of your rights under this section does not terminate the
416 licenses of parties who have received copies or rights from you under
417 this License. If your rights have been terminated and not permanently
418 reinstated, you do not qualify to receive new licenses for the same
419 material under section 10.
420
421 9. Acceptance Not Required for Having Copies.
422
423 You are not required to accept this License in order to receive or
424 run a copy of the Program. Ancillary propagation of a covered work
425 occurring solely as a consequence of using peer-to-peer transmission
426 to receive a copy likewise does not require acceptance. However,
427 nothing other than this License grants you permission to propagate or
428 modify any covered work. These actions infringe copyright if you do
429 not accept this License. Therefore, by modifying or propagating a
430 covered work, you indicate your acceptance of this License to do so.
431
432 10. Automatic Licensing of Downstream Recipients.
433
434 Each time you convey a covered work, the recipient automatically
435 receives a license from the original licensors, to run, modify and
436 propagate that work, subject to this License. You are not responsible
437 for enforcing compliance by third parties with this License.
438
439 An "entity transaction" is a transaction transferring control of an
440 organization, or substantially all assets of one, or subdividing an
441 organization, or merging organizations. If propagation of a covered
442 work results from an entity transaction, each party to that
443 transaction who receives a copy of the work also receives whatever
444 licenses to the work the party's predecessor in interest had or could
445 give under the previous paragraph, plus a right to possession of the
446 Corresponding Source of the work from the predecessor in interest, if
447 the predecessor has it or can get it with reasonable efforts.
448
449 You may not impose any further restrictions on the exercise of the
450 rights granted or affirmed under this License. For example, you may
451 not impose a license fee, royalty, or other charge for exercise of
452 rights granted under this License, and you may not initiate litigation
453 (including a cross-claim or counterclaim in a lawsuit) alleging that
454 any patent claim is infringed by making, using, selling, offering for
455 sale, or importing the Program or any portion of it.
456
457 11. Patents.
458
459 A "contributor" is a copyright holder who authorizes use under this
460 License of the Program or a work on which the Program is based. The
461 work thus licensed is called the contributor's "contributor version".
462
463 A contributor's "essential patent claims" are all patent claims
464 owned or controlled by the contributor, whether already acquired or
465 hereafter acquired, that would be infringed by some manner, permitted
466 by this License, of making, using, or selling its contributor version,
467 but do not include claims that would be infringed only as a
468 consequence of further modification of the contributor version. For
469 purposes of this definition, "control" includes the right to grant
470 patent sublicenses in a manner consistent with the requirements of
471 this License.
472
473 Each contributor grants you a non-exclusive, worldwide, royalty-free
474 patent license under the contributor's essential patent claims, to
475 make, use, sell, offer for sale, import and otherwise run, modify and
476 propagate the contents of its contributor version.
477
478 In the following three paragraphs, a "patent license" is any express
479 agreement or commitment, however denominated, not to enforce a patent
480 (such as an express permission to practice a patent or covenant not to
481 sue for patent infringement). To "grant" such a patent license to a
482 party means to make such an agreement or commitment not to enforce a
483 patent against the party.
484
485 If you convey a covered work, knowingly relying on a patent license,
486 and the Corresponding Source of the work is not available for anyone
487 to copy, free of charge and under the terms of this License, through a
488 publicly available network server or other readily accessible means,
489 then you must either (1) cause the Corresponding Source to be so
490 available, or (2) arrange to deprive yourself of the benefit of the
491 patent license for this particular work, or (3) arrange, in a manner
492 consistent with the requirements of this License, to extend the patent
493 license to downstream recipients. "Knowingly relying" means you have
494 actual knowledge that, but for the patent license, your conveying the
495 covered work in a country, or your recipient's use of the covered work
496 in a country, would infringe one or more identifiable patents in that
497 country that you have reason to believe are valid.
498
499 If, pursuant to or in connection with a single transaction or
500 arrangement, you convey, or propagate by procuring conveyance of, a
501 covered work, and grant a patent license to some of the parties
502 receiving the covered work authorizing them to use, propagate, modify
503 or convey a specific copy of the covered work, then the patent license
504 you grant is automatically extended to all recipients of the covered
505 work and works based on it.
506
507 A patent license is "discriminatory" if it does not include within
508 the scope of its coverage, prohibits the exercise of, or is
509 conditioned on the non-exercise of one or more of the rights that are
510 specifically granted under this License. You may not convey a covered
511 work if you are a party to an arrangement with a third party that is
512 in the business of distributing software, under which you make payment
513 to the third party based on the extent of your activity of conveying
514 the work, and under which the third party grants, to any of the
515 parties who would receive the covered work from you, a discriminatory
516 patent license (a) in connection with copies of the covered work
517 conveyed by you (or copies made from those copies), or (b) primarily
518 for and in connection with specific products or compilations that
519 contain the covered work, unless you entered into that arrangement,
520 or that patent license was granted, prior to 28 March 2007.
521
522 Nothing in this License shall be construed as excluding or limiting
523 any implied license or other defenses to infringement that may
524 otherwise be available to you under applicable patent law.
525
526 12. No Surrender of Others' Freedom.
527
528 If conditions are imposed on you (whether by court order, agreement or
529 otherwise) that contradict the conditions of this License, they do not
530 excuse you from the conditions of this License. If you cannot convey a
531 covered work so as to satisfy simultaneously your obligations under this
532 License and any other pertinent obligations, then as a consequence you may
533 not convey it at all. For example, if you agree to terms that obligate you
534 to collect a royalty for further conveying from those to whom you convey
535 the Program, the only way you could satisfy both those terms and this
536 License would be to refrain entirely from conveying the Program.
537
538 13. Remote Network Interaction; Use with the GNU General Public License.
539
540 Notwithstanding any other provision of this License, if you modify the
541 Program, your modified version must prominently offer all users
542 interacting with it remotely through a computer network (if your version
543 supports such interaction) an opportunity to receive the Corresponding
544 Source of your version by providing access to the Corresponding Source
545 from a network server at no charge, through some standard or customary
546 means of facilitating copying of software. This Corresponding Source
547 shall include the Corresponding Source for any work covered by version 3
548 of the GNU General Public License that is incorporated pursuant to the
549 following paragraph.
550
551 Notwithstanding any other provision of this License, you have permission
552 to link or combine any covered work with a work licensed under version 3
553 of the GNU General Public License into a single combined work, and to
554 convey the resulting work. The terms of this License will continue to
555 apply to the part which is the covered work, but the work with which it is
556 combined will remain governed by version 3 of the GNU General Public
557 License.
558
559 14. Revised Versions of this License.
560
561 The Free Software Foundation may publish revised and/or new versions of
562 the GNU Affero General Public License from time to time. Such new
563 versions will be similar in spirit to the present version, but may differ
564 in detail to address new problems or concerns.
565
566 Each version is given a distinguishing version number. If the Program
567 specifies that a certain numbered version of the GNU Affero General
568 Public License "or any later version" applies to it, you have the option
569 of following the terms and conditions either of that numbered version or
570 of any later version published by the Free Software Foundation. If the
571 Program does not specify a version number of the GNU Affero General
572 Public License, you may choose any version ever published by the Free
573 Software Foundation.
574
575 If the Program specifies that a proxy can decide which future versions
576 of the GNU Affero General Public License can be used, that proxy's
577 public statement of acceptance of a version permanently authorizes you
578 to choose that version for the Program.
579
580 Later license versions may give you additional or different
581 permissions. However, no additional obligations are imposed on any
582 author or copyright holder as a result of your choosing to follow a
583 later version.
584
585 15. Disclaimer of Warranty.
586
587 THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY
588 APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT
589 HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY
590 OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
591 THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
592 PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM
593 IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF
594 ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
595
596 16. Limitation of Liability.
597
598 IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
599 WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS
600 THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY
601 GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE
602 USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF
603 DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD
604 PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS),
605 EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
606 SUCH DAMAGES.
607
608 17. Interpretation of Sections 15 and 16.
609
610 If the disclaimer of warranty and limitation of liability provided
611 above cannot be given local legal effect according to their terms,
612 reviewing courts shall apply local law that most closely approximates
613 an absolute waiver of all civil liability in connection with the
614 Program, unless a warranty or assumption of liability accompanies a
615 copy of the Program in return for a fee.
616
617 END OF TERMS AND CONDITIONS
618
619 How to Apply These Terms to Your New Programs
620
621 If you develop a new program, and you want it to be of the greatest
622 possible use to the public, the best way to achieve this is to make it
623 free software which everyone can redistribute and change under these terms.
624
625 To do so, attach the following notices to the program. It is safest
626 to attach them to the start of each source file to most effectively
627 state the exclusion of warranty; and each file should have at least
628 the "copyright" line and a pointer to where the full notice is found.
629
630 <one line to give the program's name and a brief idea of what it does.>
631 Copyright (C) <year> <name of author>
632
633 This program is free software: you can redistribute it and/or modify
634 it under the terms of the GNU Affero General Public License as published by
635 the Free Software Foundation, either version 3 of the License, or
636 (at your option) any later version.
637
638 This program is distributed in the hope that it will be useful,
639 but WITHOUT ANY WARRANTY; without even the implied warranty of
640 MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
641 GNU Affero General Public License for more details.
642
643 You should have received a copy of the GNU Affero General Public License
644 along with this program. If not, see <http://www.gnu.org/licenses/>.
645
646 Also add information on how to contact you by electronic and paper mail.
647
648 If the program does terminal interaction, make it output a short
649 notice like this when it starts in an interactive mode:
650
651 <program> Copyright (C) <year> <name of author>
652 This program comes with ABSOLUTELY NO WARRANTY; for details type `show w'.
653 This is free software, and you are welcome to redistribute it
654 under certain conditions; type `show c' for details.
655
656 The hypothetical commands `show w' and `show c' should show the appropriate
657 parts of the General Public License. Of course, your program's commands
658 might be different; for a GUI interface, you would use an "about box".
659
660 You should also get your employer (if you work as a programmer) or school,
661 if any, to sign a "copyright disclaimer" for the program, if necessary.
662 For more information on this, and how to apply and follow the GNU GPL, see
663 <http://www.gnu.org/licenses/>.