COPYRIGHT (6206B)
1 Copyright (c) 1999-2000 Anonymizer Inc. 2 Copyright (c) 2000-2002 Ulf Moeller 3 Copyright (c) 2001-2002 Janis Jagars 4 Copyright (c) 2001-2007 Peter Palfrader 5 Copyright (c) 2001-2008 Len Sassaman 6 Copyright (c) 2004-2008 Colin Tuckley 7 Copyright (c) 2007-2008 Steve Crook 8 9 10 MIXMASTER LICENSE AGREEMENT 11 12 1. Grant of License. 13 14 Anonymizer Inc. grants you the following non-exclusive license for 15 the Mixmaster program and its associated documentation (the "Program"), 16 subject to all of the following terms and conditions: 17 18 a) You may use the Program, and copy and distribute verbatim copies 19 of the Program as you receive it, in any medium. 20 21 Local regulations may exist which limit your rights to distribute or 22 use cryptographic software. In certain jurisdictions, parts of this 23 software may be protected by patents. It is your responsibility to 24 obtain the appropriate licenses. 25 26 b) You may modify the Program or incorporate the Program or any 27 portion of it into other computer programs. You may copy and 28 distribute such modifications or work, provided that you: 29 30 (i) cause the modified Program to carry a prominent notice 31 stating that it has been modified, and cause the modified files 32 to carry notices stating that you changed the files and the 33 date of any change; 34 35 (ii) reproduce and include this Agreement, the copyright 36 notices and disclaimer of warranty on any copy; and 37 38 (iii) provide Anonymizer Inc. with a copy of the Source Code of 39 such modifications or work via electronic mail to the address 40 mixmaster@anonymizer.com, and grant Anonymizer Inc. a perpetual, 41 royalty-free license to use and distribute the modifications or 42 work in its products. 43 44 "Source Code" means the preferred form of a work for making 45 modifications to it, including all modules it contains, plus 46 any associated interface definition files, scripts used to 47 control compilation and installation of an executable. 48 49 c) Should Anonymizer Inc. be acquired by another entity, you: 50 51 (i) will grant to the acquiring entity the items in section 52 1.b.(iii) in leiu of Anonymizer, Inc.; 53 54 d) Should Anonymizer Inc. cease to exist, and no aquiring entity be 55 available to accept Source Code modifications, you: 56 57 (i) will grant Lance Cottrell the items in section 1.b.(iii) in leiu 58 of Anonymizer, Inc. 59 60 (ii) should Mr. Cottrell be deceased, section 1.b.(iii) of this 61 license will be rendered null and void. 62 63 e) In the case that the electronic mail address mixmaster@anonymizer.com 64 ceases to accept electronic mail, 65 66 (i) submission of changes to the Mixmaster project at SourceForge 67 will be accceptable; 68 69 (ii) if Mixmaster development is no longer hosted by SourceForge, 70 submission of changes to any open source repository similar to 71 SourceForge, or 72 73 (iii) submission to the Internet news group alt.privacy.anon-server 74 will be acceptable. 75 76 f) Submission of changes is required as a "best effort". If it is not 77 possible for you to access any of the notification locations, a notation 78 in the modified code stating that the modifications should be submitted by 79 any capable parties who subsequently make use of the modified code will 80 be acceptable in lieu of code submission. 81 82 2. Reservation of Rights. 83 84 No rights are granted to the Program except as expressly set forth 85 herein. You may not copy, modify, sublicense, or distribute the 86 Program except as expressly provided under this Agreement. Any 87 attempt otherwise to copy, modify, sublicense or distribute the 88 Program is void, and will automatically terminate your rights under 89 this Agreement. 90 91 3. DISCLAIMER OF WARRANTY. 92 93 BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY 94 FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE 95 PROGRAM IS PROVIDED ON AN ``AS IS'' BASIS, WITHOUT WARRANTY OF ANY 96 KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, 97 WARRANTIES THAT THE PROGRAM IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR 98 A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE 99 QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE 100 PROGRAM PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT ANONYMIZER INC. OR 101 ANY DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY 102 NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF 103 WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF THE 104 PROGRAM IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 105 106 4. LIMITATION OF LIABILITY. 107 108 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT 109 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL ANONYMIZER INC. 110 OR ANY DEVELOPER OR ANY OTHER CONTRIBUTOR OR ANY SUPPLIER OF ANY OF 111 SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, 112 SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER 113 INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK 114 STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER 115 COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN 116 INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF 117 LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY 118 RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW 119 PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE 120 EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO 121 THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 122 123 5. General. 124 125 This license represents the complete agreement concerning subject 126 matter hereof. If any provision of this Agreement is held to be 127 unenforceable, such provision shall be reformed only to the extent 128 necessary to make it enforceable. This Agreement shall be governed by 129 California law provisions (except to the extent applicable law, if 130 any, provides otherwise), excluding its conflict-of-law provisions. 131 The application of the United Nations Convention on Contracts for the 132 International Sale of Goods is expressly excluded. Any law or 133 regulation which provides that the language of a contract shall be 134 construed against the drafter shall not apply to this License.