BlueShoes Developer and Commercial License 1.3 ================================================================ (c) 2003 optimaize gmbh, switzerland. The license overview page at http://www.blueshoes.org/en/get/ may help you too. INTRO The intent of this license is to o) support the coder folks and "give back" to the community o) enable business and support opensource at the same time o) protect the copyright holder and the software This license applies to any software containing a notice placed by the copyright holder saying that it may be used under the terms of the BlueShoes License. Such software is herein referred to as the Software. This license covers usage, modification and distribution of the Software, use of third-party application programs based on the Software, and development of software which uses the Software. This license covers four subtypes of the license. Copyrighted programs, files or parts of the software mention to which type of the license they belong. If they don't, the most restrictive license subtype applies. 1. developer basic 2. developer distribution 3. commercial basic 4. commercial distribution LICENCE I Licence "developer basic": NO DISTRIBUTION allowed and RESTRICTED USAGE as follows: a) usage is granted on your own website, even if it is commercial. You have to own at least 20% of the site, project, product or company it is used for. b) usage is granted for non-commercial organizations, except churches. c) usage is granted for public schools II Licence "developer distribution": Relaxes the developer basic licence in that DISTRIBUTION is granted with software that is both free of charge and open source at the same time, similar to GPL. III Licence commercial basic: Relaxes the developer basic licence in that USAGE is granted for commercial websites, including client sites. IV Licence commercial distribution: Relaxes the commercial basic licence in that usage AND DISTRIBUTION is granted for commercial software. RIGHTS AND DUTIES 1. You agree to and comply with any and all conditions in this license and license subtypes. 2. All granted rights are non-exclusive. 3. The copyright notices must be included in any installed and distributed versions of the software. 4. Modification of the software: 1. developer (basic and distribution): a) modifications to the software are allowed, as long as they do not conflict with the license. b) Modifications to the software, including but not limited to bugfixes, improvements and extensions, have to be sent to the copyright holder. c) a non-exclusive royalty-free right is granted to the initial developer of the Software to use, modify and distribute your modification in future versions of the Software. 2. commercial (basic and distribution): a) modifications to the software are allowed, as long as they do not conflict with the license. 3. all license subtypes: a) YOU MAY NOT REDISTRIBUTE your modified version of the Software, NOR MAKE IT AVAILABLE FOR DOWNLOAD except for use in your pages and/or application. b) Modifications must not alter or remove any copyright notices in the Software. 5. You may NOT FORK or PRODUCE SPIN-OFFS of the software or of parts of it. 6. The software or parts of it may not be used in competing products or services. 7. Branding, use of the name 1. all license subtypes: a) You may use the name and/or logo of the Software to promote your website/product. You may add a link to the Software. The copyright holder reserves the right to prohibit usage of the name and/or logo of the Software. b) The copyright holder of the Software may use your name and logo in a public list to show who is using the Software. 2. subtypes developer basic and distribution: if your website has a section about the technology used for the site, you are required to add the Software and a link back to the copyright holder. 3. subtype "developer distribution": in the copyright information of your product you are required to add the Software and a link back to the copyright holder. 4. subtypes commercial basic and distribution: you are not required but free to give notice that the Software is used. 8. Changes a) Written permission is required for any deviation of this license ACCEPTANCE a) Usage or distribution of the Software, whole or partial, in any form signifies acceptance of this license. b) You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to use, modify or distribute the Software or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by using, modifying or distributing the Software (or any work based on the Software), you indicate your acceptance of this License to do so, and all its terms and conditions. TERMS "Software" refers to BlueShoes, the program, library, source code and everything distributed with the package. "Copyright holder" refers to optimaize gmbh, switzerland as distributor of the Software. "Website" and "site" means the technology, and is not limited by internet sites, it also includes intranet and extranet websites. LIMITATIONS OF LIABILITY In no event shall the initial developers or copyright holders be liable for any damages whatsoever, including - but not restricted to - lost revenue or profits or other direct, indirect, special, incidental or consequential damages, even if they have been advised of the possibility of such damages, except to the extent invariable law, if any, provides otherwise. TERMINATION OF LICENSE Any violation against this license or its intended meaning result in the immediate termination of this license and all rights given to you. NO WARRANTY The Software and this license document are provided AS IS with NO WARRANTY OF ANY KIND, INCLUDING THE WARRANTY OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CHOICE OF LAW This license is governed by the Laws of Switzerland. Disputes shall be settled by the court of the city of Zug. The copyright holder has the right to accuse you by any other court that he thinks is responsible. eol