SPS
The Software Preservation Society ("SPS")
Licence Agreement (Licence, Copyright and Terms of Use)
SPS technology is exclusively represented and licensed by
KryoFlux Products & Services Limited, 80 Allington Way, Maidstone,
ME16 0HN, United Kingdom
ATTENTION: READ CAREFULLY: By using, copying, or distributing the
accompanying software you indicate your acceptance of the following
SPS Licence Agreement ("Agreement").
PREAMBLE
The SPS philosophy dictates that the technology associated with capturing
floppy disk based software should be provided to "the community" for free
(free as in "free beer") to the greatest extent possible in order to
facilitate digital preservation efforts.
This licence enforces that philosophy. It protects against misuse of
a technology that has been a long time in development and is provided
to the community or anyone else who would like to use it. It also
intends to protect SPS itself from possible legal liability.
SPS technology covered by this license can be divided into two categories:
KRYOFLUX HIGH DEFINITION FLUX SAMPLER FOR USB: Preservation starts at
the ingestion level. SPS therefore has developed a combination of hard
and software targeted at software preservation called KryoFlux. KryoFlux
software may be used for private, non-commercial purposes only. KryoFlux
hardware schematics are provided for private, non-commercial use as well.
Therefore private users can decide to build a KryoFlux board on their own,
as long as the board is used for private purposes only and as long as such
boards are not being sold to others (this includes boards given away for
any kind of compensation). Licenses for commercial, government or academic
use of KryoFlux can be applied for by contacting us at the email at the
bottom of this license.
CTA SOFTWARE PRESERVATION ANALYSER: This product is the core of SPS
technology and is under constant development since 2001. The Analyser
is used by SPS internally and also available as a commercial product for
institutes, libraries, archives and museums. The Analyser is not free, it
is commercial software. This means that possession or distribution without
a proper licence is breach of international copyright treaties.
The IPF support library is covered by a separate license and is
specifically excluded from the terms laid out in this license, available
in the IPF support library distribution.
You may notice that this licence is very strict in pursuit of getting
the software into the hands of people who wish to use it for free. You
can not distribute it without written permission, charge to give it to
somebody, not even for media costs. You cannot have it on a CD ROM that is
distributed for payment. You cannot use it as part of providing a service
that receives payment in any form.
Any source provided (if any) is for inspection, understanding and
safe keeping only. This will ensure that data capture or stored with
SPS technology can still be accessed in the future even if there is
no successor or representative of SPS available.
Infringement of any of the terms of this licence is breaching
international copyright laws, but it also hurts the communities
benefiting from the technology by risking its future improvement
and availability.
This licence was not produced for the fun of it, you should note that
only those who could possibly benefit financially are being restricted.
Those people should negotiate an alternative license, which helps fund
future development and our preservation activities.
If you do not agree with any of the terms in this licence for the
Technology then you are obviously free to choose not to use it.
The latest version of this licence, libraries and imaging software can be
found on the following sites:
http://www.softpres.org
http://www.kryoflux.com
It is very easy to comply with this licence: Do not sell, modify or
abuse the software and don't steal code from source provided. Learn,
understand and write your own if you need to. Feel free to ask if you
want to use something you can not create on your own. That's it.
Everything else mentioned is here for those who may not understand
these simple rules.
1. CLARIFICATION. The software product and accompanying documentation
(the program's object code, source code and documentation, explicitly
excluding the file format definitions (e.g. but not limited to IPF,
STREAM, DRAFT) included within, are collectively referred to as the
"Technology") is a technology and does not imply any restrictions,
warranty, licence, obligation or any other link or association with
what it may contain (the data ingested or encapsulated by the
Technology is referred to as the "Content").
Unless otherwise noted, The Software Preservation Society ("SPS")
does not hold the copyright of the Content, the data being ingested,
reproduced, preserved, represented using the Technology. All copyright
of Content provided using the Technology is held by its respective
owners. Terms and conditions may apply to the Content that do not
affect whatsoever the licence agreement provided with the Technology.
2. LICENCE.
I. LICENCE for KRYOFLUX HIGH DEFINITION FLUX SAMPLER software
SPS hereby grants you a non-exclusive, non-transferable licence to
use the Technology on the following terms and only for private,
non-profit purposes (see Section 3 below) unless explicitly sold by
SPS or its affiliates as a governmental, academic or commercial
edition.
You may:
a. use the Technology on any computer in your possession;
b. make copies of the Technology for backup purposes;
c. inspect ("understand") the source code (if provided).
SPS explicitly does not claim any ownership in the Content (the
data) ingested by the user with the KRYOFLUX device.
II. LICENCE for CTA SOFTWARE PRESERVATION ANALYSER
SPS hereby grants you a non-exclusive, non-transferable licence to
use the Technology on the following terms (see Section 3 below).
You may:
a. use the Technology on only one computer in your possession at
the same time;
b. make up to three copies of the Technology for backup purposes.
You explicitly MUST NOT distribute CTA's licensing device or the
data stored therein.
SPS explicitly does not claim any ownership in the Content (the
data) processed by the user with the CTA software.
3. LIMITATIONS ON LICENCE. The licence granted in Section 2 is subject
to the following restrictions:
a. The Technology is to be used only for non-profit purposes unless
you obtain prior written consent from SPS. Prohibited for-profit
and commercial purposes include, but are not limited to:
(i) Selling, licensing or renting the Technology to third parties
for a fee (by payment of money or otherwise, whether direct or
indirect);
(ii) Using the Technology to provide services or products to others
for which you are compensated in any manner (by payment of money
or otherwise, whether direct or indirect), including, without
limitation, providing support or maintenance for the Technology;
(iii) Distribution or use from which any form of income is received
regardless of profits therefrom, or from which any revenue or
promotional value is received, as well as any distribution to, or
use in, a corporate environment. Use of the Technology to promote
or support a commercial venture is included in this restriction;
(iv) Using the Technology in a governmental and / or educational
institution or whole subsidiaries thereof;
b. Media costs associated with the distribution of the Technology may
not be recovered. You shall use your best efforts to promptly notify
SPS upon learning of any violation of the above commercial
restrictions.
c. On each copy of the Technology you must conspicuously and
appropriately reproduce this license, copyright notice, and
disclaimer of warranty; keep intact this Agreement and all notices
that refer to this Agreement or any absence of warranty (whether
written or interactively displayed); and give any other recipients
of the Technology a copy of this Agreement.
d. No distribution may include the totality or part of the
Technology changed, unchanged, encrypted, archived, in whatever form,
unless according to the Licence or special agreement with SPS.
4. DISTRIBUTION: As used in this Agreement, the term "distribute" (and
its variants) includes making the Technology available (either
intentionally or unintentionally) to third parties for copying or
use, including providing timeshare access. Each time you distribute
the Technology, the recipient must expressly agree to comply with
these terms and conditions. The recipient automatically receives
this licence to use, copy, or distribute the Technology subject to
these terms and conditions. You may not impose any further
restrictions on the recipients' exercise of the rights granted
herein. You are not responsible for enforcing compliance with this
Agreement by recipients.
5. TITLE. Title, ownership rights, and intellectual property rights in
and to the Technology, and each copy thereof (including all
copyrights therein), shall remain in SPS. The Technology is
protected by international copyright treaties.
6. NO SPS OBLIGATION. You are solely responsible for all of your
costs and expenses incurred in connection with the distribution of
the Technology, and SPS shall have no liability, obligation or
responsibility therefor. SPS shall have no obligation to provide
maintenance, support, upgrades or new releases to you or to any
distributee of the Technology.
7. NO WARRANTY. THE SOFTWARE IS LICENSED FREE OF CHARGE, AND THERE IS
NO WARRANTY FOR THE TECHNOLOGY. SPS PROVIDES THE TECHNOLOGY
"AS IS," AND SPS, AND ALL OTHER PERSONS WHO HAVE BEEN INVOLVED
IN THE CREATION, PRODUCTION, OR DELIVERY OF THE TECHNOLOGY, DISCLAIM
ALL CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED,
STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY
CONDITIONS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY
QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO
THE RESULTS, QUALITY AND PERFORMANCE OF THE TECHNOLOGY IS WITH YOU
AND YOUR DISTRIBUTEES. SHOULD THE TECHNOLOGY PROVE DEFECTIVE, YOU
AND YOUR DISTRIBUTEES (AND NOT SPS) ASSUME THE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION. SPS MAKES NO
WARRANTY OF NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF
THIRD PARTIES.
8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL SPS, OR ANY OTHER
PERSON WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR
DELIVERY OF THE TECHNOLOGY BE LIABLE TO YOU OR ANY OTHER PERSON FOR
ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
OR OTHER DAMAGES OF ANY CHARACTER ARISING OUT OF THIS AGREEMENT OR
THE USE OF OR INABILITY TO USE THE TECHNOLOGY, INCLUDING BUT NOT
LIMITED TO PERSONAL INJURY, LOSS OF PROFITS, LOSS OF DATA, OUTPUT
FROM THE TECHNOLOGY OR DATA BEING RENDERED INACCURATE, FAILURE OF
THE TECHNOLOGY TO OPERATE WITH ANY OTHER PROGRAMS, DAMAGES FOR LOSS
OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION,
OR ANY AND ALL OTHER DAMAGES OR LOSSES OF WHATEVER NATURE, EVEN IF
SPS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
9. INDEMNIFICATION. You and your distributees shall defend, indemnify
and hold harmless SPS, and all other persons who have been
involved in the creation, production, or delivery of the Technology,
from any claim, demand, liability, damage award, suit, judgement, or
other legal action (including reasonable attorney's fees) arising
out of your use, distribution, modification, or duplication of the
Technology.
10. TERMINATION. The licence granted hereunder is effective until
terminated by SPS. You may terminate it at any time by
destroying the Technology. This licence will terminate automatically
if you fail to comply with the limitations described above. On
termination, you must destroy all copies of the Technology. The
termination of your licence will not result in the termination of
the licences of any distributees who have received rights to the
Technology through you so long as they are in compliance with the
provisions of this Agreement.
11. MISCELLANEOUS. This Agreement represents the complete agreement
concerning this licence between the parties and supersedes all
prior agreements and representations between them. It may not be
amended. If any provision of this Agreement is held to be
unenforceable for any reason, this Agreement shall terminate.
The most current version of this licence is kept on the SPS
web site. Due notice shall be given if ever the licence changes,
then all versions of the Technology will be constrained by the
newer licence.
Any term of this Agreement which is, or is deemed to be, unlawful
shall be ineffective only to the extent of such invalidity without
rendering invalid the remaining terms hereof. This Agreement shall
be construed and enforced with the same force and effect as if
entered into and performed in England and Wales and shall, in all
respects, be interpreted in accordance with, and governed by the
laws of this country.
Anything else not covered by this agreement must be agreed with
us before any action can be taken by any party.
Address all correspondence regarding this licence to:
licensing@kryoflux.com
Copyright and Trademark Notices:
--------------------------------
The Technology is Copyright (c) 2001-2014 SPS and István Fábián under
exclusive licence to KryoFlux Products & Services Limited. All rights
reserved. The documentation and all computer files are also Copyright
(c) 2001-2014 SPS and István Fábián under exclusive licence to KryoFlux
Products & Services Limited. All rights reserved. These rights include
but are not limited to any foreign language translations of the
documentation or the Technology, and all derivative works of both.
All other trademarks are the property of their respective owners.
SPS - The Software Preservation Society
http://www.softpres.org
KryoFlux Products & Services Limited
http://www.kryoflux.com
rev. 1.11 - 2014-02-04
