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PARTICULAR PURPOSE. See the GNU Lesser General Public License for more details.
You should have received a copy of the GNU Lesser General Public License along with
this library; if not, write to the Free Software Foundation, Inc., 51 Franklin Street, Fifth
Floor, Boston, MA 02110-1301 USA
Also add information on how to contact you by electronic and paper mail.
You should also get your employer (if you work as a programmer) or your school, if any, to
sign a "copyright disclaimer" for the library, if necessary. Here is a sample; alter the names:
Yoyodyne, Inc., hereby disclaims all copyright interest in the library `Frob' (a library for
tweaking knobs) written by James Random Hacker. signature of Ty Coon, 1 April 1990 Ty
Coon, President of Vice
That's all there is to it!
7. LibPNG
The PNG Reference Library is supplied "AS IS". The Contributing Authors and Group
42, Inc. disclaim all warranties, expressed or implied, including, without limitation, the
warranties of merchantability and of fitness for any purpose. The Contributing Authors
and Group 42, Inc. assume no liability for direct, indirect, incidental, special, exemplary,
or consequential damages, which may result from the use of the PNG Reference Library,
even if advised of the possibility of such damage.
Permission is hereby granted to use, copy, modify, and distribute this source code, or
portions hereof, for any purpose, without fee, subject to the following restrictions:
1.
The origin of this source code must not be misrepresented.
2.
Altered versions must be plainly marked as such and must not be misrepresented as
being the original source.
29
8.
DISCLAIMER OF WARRANTIES
THE MIPS DELIVERABLES ARE PROVIDED "AS IS". MIPS MAKES NO WARRANTIES
WITH REGARD TO ANY OF THE MIPS DELIVERABLES, AND EXPRESSLY
DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT OF THIRD PARTY RIGHTS.
9.
LIMITATION OF LIABILITY AND REMEDY
(a) Licensee acknowledges the MIPS Deliverables are provided to Licensee only for the
purpose set forth in Section 2. Licensee shall hold harmless and indemnify MIPS from any
and all actual or threatened liabilities, claims or defenses based on the sublicensing, use,
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respect to the MIPS Deliverables is done entirely at Licensee's own risk.
(b) NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR TO ANY
THIRD PARTY FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO,
SPECIAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, EXEMPLARY OR INCIDENTAL
DAMAGES, WHETHER SUCH DAMAGES ARISE UNDER A TORT, CONTRACT
OR OTHER CLAIM, OR DAMAGES TO SYSTEMS, DATA OR SOFTWARE, EVEN IF
SUCH PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION ON LIABILITY SHALL SURVIVE EVEN IF THE LIMITED REMEDY
PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE. IN NO CASE WILL MIPS'
LIABILITY FOR DAMAGES UNDER THIS AGREEMENT EXCEED THE AMOUNTS
RECEIVED BY MIPS AS FEES UNDER THIS AGREEMENT.
10. WAIVER; MODIFICATION
Any waiver of any right or default hereunder will be effective only in the instance given
and will not operate as or imply a waiver of any other or similar right or default on any
subsequent occasion. No waiver or modification of this Agreement or of any provision
hereof will be effective unless in writing and signed by the party against whom such
waiver or modification is sought to be enforced.
11. HAZARDOUS APPLICATIONS
The MIPS Deliverables are not intended for use in any nuclear, aviation, mass transit,
medical, or other inherently dangerous application. MIPS EXPRESSLY DISCLAIMS
ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH USE. LICENSEE
REPRESENTS AND WARRANTS THAT IT WILL NOT USE THE MIPS DELIVERABLES
FOR SUCH PURPOSES.
34
If distribution of object code is made by offering access to copy from a designated place,
then offering equivalent access to copy the source code from the same place satisfies the
requirement to distribute the source code, even though third parties are not compelled
to copy the source along with the object code.
5.
A program that contains no derivative of any portion of the Library, but is designed
to work with the Library by being compiled or linked with it, is called a "work that
uses the Library". Such a work, in isolation, is not a derivative work of the Library,
and therefore falls outside the scope of this License.
However, linking a "work that uses the Library" with the Library creates an executable
that is a derivative of the Library (because it contains portions of the Library), rather
than a "work that uses the library". The executable is therefore covered by this License.
Section 6 states terms for distribution of such executables.
When a "work that uses the Library" uses material from a header file that is part of
the Library, the object code for the work may be a derivative work of the Library even
though the source code is not. Whether this is true is especially significant if the work can
be linked without the Library, or if the work is itself a library. The threshold for this to be
true is not precisely defined by law.
If such an object file uses only numerical parameters, data structure layouts and
accessors, and small macros and small inline functions (ten lines or less in length), then the
use of the object file is unrestricted, regardless of whether it is legally a derivative work.
(Executables containing this object code plus portions of the Library will still fall under
Section 6.)
Otherwise, if the work is a derivative of the Library, you may distribute the object code
for the work under the terms of Section 6. Any executables containing that work also fall
under Section 6, whether or not they are linked directly with the Library itself.
6.
As an exception to the Sections above, you may also combine or link a "work that
uses the Library" with the Library to produce a work containing portions of the
Library, and distribute that work under terms of your choice, provided that the
terms permit modification of the work for the customer's own use and reverse
engineering for debugging such modifications.
You must give prominent notice with each copy of the work that the Library is used in it
and that the Library and its use are covered by this License. You must supply a copy of
this License. If the work during execution displays copyright notices, you must include the
copyright notice for the Library among them, as well as a reference directing the user to
the copy of this License. Also, you must do one of these things:
a) Accompany the work with the complete corresponding machine-readable
source code for the Library including whatever changes were used in the work
(which must be distributed under Sections 1 and 2 above); and, if the work is an
executable linked with the Library, with the complete machine-readable "work
that uses the Library", as object code and/or source code, so that the user can
modify the Library and then relink to produce a modified executable containing
the modified Library. (It is understood that the user who changes the contents
25
3.
This Copyright notice may not be removed or altered from any source or altered
source distribution.
The Contributing Authors and Group 42, Inc. specifically permit, without fee, and
encourage the use of this source code as a component to supporting the PNG file format
in commercial products. If you use this
source code in a product, acknowledgment is not required but would be appreciated.
8. YAMON
YAMON™ SOFTWARE LICENSE AGREEMENT ("Agreement")
IMPORTANT- This Agreement legally binds you (either an individual or an entity), the
end user ("Licensee"), and MIPS Technologies, Inc. ("MIPS") whose street address and
fax information is 1225 Charleston Road, Mountain View, California 94043, Fax Number
(650) 567-5154.
1.
DEFINITIONS-The following definitions apply to this Agreement:
"Authorized Product" shall mean a product developed by MIPS or under a license that
was granted by MIPS.
"Documentation" shall mean documents (including any updates provided or made
available by MIPS solely at its discretion), and any information, whether in written,
magnetic media, electronic or other format, provided to Licensee describing the
Software, its operation and matters relating to its use.
"GPL Materials" shall mean any source or object code provided by MIPS to Licensee
under the terms of the GNU General Public License, Version 2, June 1991 or later
("GNU GPL").
"IP Rights" shall mean intellectual property rights including, but not limited to, patent,
copyright, trade secret and mask work rights.
"Licensee Code Modifications" shall mean any modifications to YAMON Code and/or
other code provided to Licensee by MIPS, made by or on behalf of Licensee.
"MIPS Code Modifications" shall mean modifications to YAMON Code and/or other
code provided to Licensee by MIPS or any third party licensed by MIPS, wherein such
third party grants back to MIPS a license under such code modifications with the rights to
sublicense and grant further sublicenses.
"MIPS Deliverables" shall mean the Software, Documentation and any other information
or materials provided by MIPS to Licensee pursuant to this Agreement except for GPL
Materials.
"Software" shall mean software containing YAMON Code, any other source and/or
object code provided by MIPS at its sole discretion, and any Documentation contained in
such software at MIPS' sole discretion.
30
12. SEVERABILITY
In the event any provision of this Agreement (or portion thereof ) is determined to
be invalid, illegal or otherwise unenforceable, then such provision will, to the extent
permitted, not be voided but will instead be construed to give effect to its intent to the
maximum extent permissible under applicable law and the remainder of this Agreement
will remain in full force and effect according to its terms. IN THE EVENT THAT ANY
REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL
PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES
SHALL REMAIN IN EFFECT.
13. RIGHTS IN DATA
Licensee acknowledges that all software and software related items licensed by MIPS
to Licensee pursuant to this Agreement are "Commercial Computer Software" or
"Commercial Computer Software Documentation" as defined in FAR 12.212 for civilian
agencies and DFARS 227.7202 for military agencies, and that in the event that Licensee
is permitted under this Agreement to provide such items to the U.S. government, such
items shall be provided under terms at least as restrictive as the terms of this Agreement.
14. MISCELLANEOUS
(a) The MIPS Deliverables and GPL Materials may be subject to U.S. export or import
control laws and export or import regulations of other countries. Licensee agrees
to comply strictly with all such laws and regulations and acknowledges that it has the
responsibility to obtain such licenses to export, re-export, or import as may be required
after delivery to Licensee. Licensee shall indemnify, defend and hold MIPS harmless from
any damages, fees, costs, fines, expenses, charges and any actual or threatened civil and/
or criminal claims or defenses arising from any failure of Licensee and/or its customers to
comply with any obligations arising under this Section 14(a).
(b) Any notice required or permitted by this Agreement must be in writing and must
be sent by email, by facsimile, by recognized commercial overnight courier, or mailed by
United States registered mail, effective only upon receipt, to the legal departments of
MIPS or Licensee (if Licensee has no legal department, then to an officer of Licensee, a
contact person specified by Licensee or Licensee's place of business).
(c) The headings contained herein are for the convenience of reference only and are
not intended to define, limit, expand or describe the scope or intent of any clause or
provision of this Agreement.
(d) The parties hereto are independent contractors, and nothing herein shall be
construed to create an agency, joint venture, partnership or other form of business
association between the parties hereto.
(e) Licensee acknowledges that, in providing Licensee with the MIPS Deliverables, MIPS
has relied upon Licensee's agreement to be bound by the terms of this Agreement.
Licensee further acknowledges that it has read, understood, and agreed to be bound by
the terms of this Agreement, and hereby reaffirms its acceptance of those terms.
35
HMP OSS license text_NONetflix & Vudu_v1.0_2012
10/23/2012 2:23:41 PM

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