vqServer Legal


Summary

  • vqServer version 1.8 can be used free of charge.
  • vqServer version 1.8 can be copied and distributed free of charge provided that any copies which are distributed include only the entire unmodified contents of the vqServer distribution archive released by vqSoft.
  • Persons or organisations redistributing vqServer or whose publications (which includes web sites and shareware CD-ROMs) include vqServer are required to ensure that they are redistributing or publishing the most recent version of vqServer and are required to inform vqSoft by email so that they can be notified of any updates or upgrades.
  • Persons or organisations who wish to include or redistribute vqServer with or as part of other software or hardware products or who wish to redistribute customised versions of vqServer or of the vqServer distribution archive must obtain a license agreement from (and usually pay a licensing fee to) vqSoft. Contact vqSoft by email for further information.
  • vqServer is supplied "as-is" without any warranty of fitness for any purpose whatsoever. While reasonable efforts have been made to ensure that vqServer functions as described in its documentation, neither Steve Shering nor vqSoft can be held liable for any loss (financial or otherwise) incurred as a result of distributing, publishing, installing or using vqServer.

Copyright

  • vqServer versions 1.01 to 1.8 and its documentation are copyright and are the intellectual property of Steve Shering and vqSoft.
  • The vqServer distribution archive contains some elements (the servlet classes) which are copyright Sun Microsystems and are redistributed in accordance with the terms of Sun Microsystems' license.

License

This document contains rights and restrictions associated with use of vqServer version 1.8. Acquisition, installation and use of vqServer version 1.8 implies acceptance of these conditions.

  1. Definitions.
    1. The software: vqServer version 1.8.
    2. The vqServer distribution archive: computer file containing the vqServer object code, the vqServer documentation and associated sample web pages, CGI scripts and Java servlets.
    3. The servlet classes: software in Java Virtual Machine object code format supplied with the vqServer distribution archive and redistributed under the terms of Sun Microsystems' license.
    4. The licensee: any person or organisation acquiring, installing or using the software
  2. Limited License Grant. vqSoft grants the licensee a non-exclusive, non-transferable limited license to use the software without fee.
  3. License to redistribute the vqServer distribution archive. The licensee is granted a royalty-free right to reproduce and distribute the vqServer distribution archive provided that the licensee: (i) distributes the vqServer distribution archive complete and unmodified and for the sole purpose of running vqServer version 1.8; (ii) does not distribute additional software intended to replace any component(s) of the vqServer distribution archive; (iii) agrees to distribute the most current version of the vqServer distribution archive available from vqSoft; (iv) does not remove or alter any proprietary legends or notices contained in the vqServer distribution archive, object code or documentation.
  4. Restrictions. The software is confidential copyrighted information of Steve Shering and vqSoft and title to all copies is retained by vqSoft. The licensee shall not modify, decompile, disassemble, decrypt, extract, or otherwise reverse engineer the software. The software may not be leased, assigned, or sublicensed, in whole or in part. The licensee warrants that it will not use or redistribute the software for such purpose.
  5. Trademarks and Logos. This license does not authorize the licensee to use any vqSoft name, trademark or logo. The licensee acknowledges that vqSoft owns any and all vqSoft and vqServer related trademarks, logos and icons and agrees to assist vqSoft in protecting those rights.
  6. Disclaimer of Warranty. The software is provided "as is," without a warranty of any kind. All express or implied representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose of non-infringement are hereby excluded.
  7. Limitation of Liability. vqSoft shall not be liable for any damages suffered by the licensee or any third party as a result of usng or distributing the software. In no event will vqSoft be liable for any lost revenue, profit or data, or for direct, indirect, special, consequential, incidental or punitive damages, however caused and regardless of the theory of liability, arising out of the use or inability to use the software, even if vqSoft has been advised of the possibility of such damages.
  8. Termination. The licensee may terminate this license at any time by destroying all copies of the software. This license will terminate immediately without notice from vqSoft if the licensee fails to comply with any provision of this license. Upon such termination, the licensee must destroy all copies of the software.
  9. Governing Law. Any action related to this license will be governed by the law of England and Wales. No choice of law rules of any jurisdiction will apply.
  10. Severability. If any of the above provisions are held to be in violation of applicable law, void, or unenforceable in any jurisdiction, then such provisions are herewith waived to the extent necessary for the license to be otherwise enforceable in such jurisdiction. However, if in vqSoft's opinion deletion of any provisions of the license by operation of this paragraph unreasonably compromises the rights or increase the liabilities of vqSoft, vqSoft reserves the right to terminate the license.
  11. Servlet classes: Restrictions. the servlet classes are confidential copyrighted information of Sun Microsystems and title to all copies is retained by Sun and/or its licensors. The licensee shall not modify, decompile, disassemble, decrypt, extract, or otherwise reverse engineer the servlet clases. The servlet classes may not be leased, assigned, or sublicensed, in whole or in part. The servlet classes are not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. The licensee warrants that it will not use or redistribute the servlet classes for such purposes.
  12. Sun Microsystems: Trademarks and Logos. This license does not authorize licensee to use any Sun name, trademark or logo. The licensee acknowledges that Sun owns the Java trademark and all Java-related trademarks, logos and icons including the Coffee Cup and Duke ("Java Marks") and agrees to: (i) to comply with the Java Trademark Guidelines at http://java.com/trademarks.html; (ii) not do anything harmful to or inconsistent with Sun's rights in the Java Marks; and (iii) assist Sun in protecting those rights, including assigning to Sun any rights acquired by the licensee in any Java Mark.
  13. Servlet classes: Limitation of Liability. Sun and its licensors shall not be liable for any damages suffered by the licensee or any third party as a result of using or distributing the servlet classes. In no event will Sun or its licensors be liable for any lost revenue, profit or data, or for direct, indirect, special, consequential or punitive damages, however caused and regardless of the theory of liability, arising out of the use of or inability to use the servlet classes, even if Sun has been advised of the possibility of such damages.
  14. Servlet classes: Export Regulations. The servlet classes, including technical data, are subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. The licensee agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import the servlet classes. The servlet classes may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders.
  15. Servlet classes: Restricted Rights. Use, duplication or disclosure or the servlet classes by the United States government is subject to the restrictions as set forth in the Rights in Technical Data and Computer Software Clauses in DFARS 252.227-7013(c) (1) (ii) and FAR 52.227-19(c) (2) as applicable.


vqServer version 1.8. Copyright © 1997-99 Steve Shering and vqSoft. Last updated 26 March 1999.

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