Friday, 28 June 2013

Twitter : Developer Rules of the Road



First Update: September 5, 2012.
Rules of the Road

Twitter maintains an open platform that supports the millions of people around the world who are sharing and discovering what's happening now. We want to empower our ecosystem partners to build valuable businesses around the information flowing through Twitter. At the same time, we aim to strike a balance between encouraging interesting development and protecting both Twitter's and users' rights.

So, we've come up with a set of Developer Rules of the Road ("Rules") that describes the policies and philosophy around what type of innovation is permitted with the content and information shared on Twitter.

The Rules will evolve along with our ecosystem as developers continue to innovate and find new, creative ways to use the Twitter API, so please check back periodically to see the current version. Don't do anything prohibited by the Rules and talk to us if you think we should make a change or give you an exception.

If your application will eventually need more than 1 million user tokens, or you expect your embedded Tweets and embedded timelines to exceed 10 million daily impressions, you will need to talk to us directly about your access to the Twitter API as you may be subject to additional terms. Furthermore, applications that attempt to replicate Twitter's core user experience (as described in Section I.5 below) will need our permission to have more than 100,000 user tokens and are subject to additional terms.
I. Twitter Content

1. All use of the Twitter API and content, documentation, code, and related materials made available to you on or through Twitter ("Twitter Content") is subject to and must comply with these Rules. As a reminder, you and your Service are subject to the Twitter Terms of Service.

2. You may use the Twitter API and Twitter Content in connection with the products or services you provide (your "Service") to search, display, analyze, retrieve, view, and submit information to or on Twitter. You may use the Twitter name or logos and other brand elements that Twitter makes available in order to identify the source of Twitter Content ("Twitter Marks") subject to these Rules.

3. Your use of the Twitter API and Twitter Content are subject to certain limitations on access, calls, and use as set forth in the Rules, on dev.twitter.com, or as otherwise provided to you by Twitter. If Twitter believes that you have attempted to exceed or circumvent these limitations, your ability to use the Twitter API and Twitter Content may be temporarily or permanently blocked. Twitter may monitor your use of the Twitter API to improve the Twitter service and to ensure your compliance with these Rules. In order to ensure visibility and enforcement of these Rules, you may not use a single application API key for multiple use cases, and you may not use multiple application API keys for the same use case.

4. You will not attempt or encourage others to:

    sell, rent, lease, sublicense, redistribute, or syndicate access to the Twitter API or Twitter Content to any third party without prior written approval from Twitter.
        If you provide an API that returns Twitter data, you may only return IDs (including tweet IDs and user IDs).
        You may export or extract non-programmatic, GUI-driven Twitter Content as a PDF or spreadsheet by using "save as" or similar functionality. Exporting Twitter Content to a datastore as a service or other cloud based service, however, is not permitted.
    remove or alter any proprietary notices or marks on the Twitter API or Twitter Content.
    use or access the Twitter API for purposes of monitoring the availability, performance, or functionality of any of Twitter's products and services or for any other benchmarking or competitive purposes.
    use Twitter Marks or Twitter Certified Products Program badges in a manner that creates a sense of endorsement, sponsorship, or false association with Twitter. You may not use Twitter Marks as part of the name of your company or Service, or in any product, service, name field or logos created by you. All use of Twitter Marks, and all goodwill arising out of such use, will inure to Twitter's benefit.
    use or access the Twitter API to aggregate, cache (except as part of a Tweet), or store place and other geographic location information contained in Twitter Content.
    charge a premium for access to Twitter Content via SMS or USSD other than your Service's standard data and usage rates.

5. While Twitter discourages development in this area, some Services or applications attempt to replicate Twitter's core user experience, typically by accessing the home timeline, account settings, or direct messages API endpoints or User Streams product. The following additional rules apply to Services or applications that fall within this category.

You must:

    use the Twitter API as provided by Twitter for functionalities in your Service that are substantially similar to a feature of the Twitter service and present this to your users as the default option. Some examples include media storage and sharing (pic.twitter.com), trending topics, and suggested user lists.
    not pay, or offer to pay, third parties for distribution. This includes offering compensation for downloads (other than transactional fees) or other mechanisms of traffic acquisition.
    not arrange for your Service to be pre-installed on any device, promoted as a "zero-rated" service, or marketed as part of a specialized data plan.
    not frame or otherwise reproduce significant portions of the Twitter service. You should display Twitter Content from the Twitter API.
    display a prominent link or button in your Service that directs new users to Twitter's sign-up functionality.
    not use Twitter Content or other data collected from end users to create or maintain a separate status update or social network database or service.

6. You do not have a license to Twitter Content submitted through your Service other than the rights granted in the Rules.
II. Principles

You agree that you and your Service will follow these four principles:

    Don't surprise users
    Don't create or distribute spam
    Respect user privacy
    Be a good partner to Twitter

1. Don't surprise users

    You must maintain the integrity of Twitter Content (such as Tweets and timelines of Tweets) by adhering to the Display Requirements.
    Get users' permission before:
        sending Tweets or other messages on their behalf. A user authenticating through your application does not constitute consent to send a message.
        modifying their profile information or taking account actions (including following, unfollowing, and blocking) on their behalf.
        adding hashtags, annotations data, or other content to a user's Tweet. If your application allows users to send Tweets or other content to Twitter, show the user exactly what will be published.
        republishing Twitter Content accessed through means other than via the Twitter API or other tools that may be provided to you by Twitter, or in a manner inconsistent with the Display Requirements.
    Your Service should not:
        use business names and/or logos in a manner that can mislead, confuse, or deceive users. For more information on use of Twitter Marks, see our trademark rules here
        confuse or mislead users about the source or purpose of your application.
        use as its Application Website URL: an unrelated URL, a site intended to entice or encourage users to violate the Twitter Rules, a spam or malware site, or a shortened URL to mask the true destination.
        replicate, frame, or mirror the Twitter website or its design.
        impersonate or facilitate impersonation of others in a manner that can mislead, confuse, or deceive users.
    Respect the privacy and sharing settings of Twitter Content. Do not share, or encourage or facilitate the sharing of protected Twitter Content. Promptly change your treatment of Twitter Content (for example, deletions, modifications, and sharing options) as changes are reported through the Twitter API.
    It is important for all users and Twitter API developers that we maintain the integrity and addressability of the Twitter identity across the ecosystem. If your Service submits content to Twitter that includes a username beginning with an "@" symbol, it must submit the correct Twitter username, if known by your Service.

2. Don't create or distribute spam

    Spam can take many forms. Please abide by the spam rules here.
    If your application performs automatic actions (including tweeting or other content updates), make sure you comply with the Automation Rules found here.
    Do not mass-register applications. This includes:
        creating tokens/applications for the purpose of preventing others from using or selling those names, or other commercial use.
        using feeds of third-party content to update and maintain accounts under the names of those third parties.
        submitting multiple applications with the same function under different names for the purpose of name squatting.
    Do not facilitate or encourage the publishing of:
        links to malicious content
        pornographic or obscene images to user profile images and background images

3. Respect user privacy

    Your Service must display and comply with a privacy policy that clearly discloses what you are doing with information you collect from users. If your Service supports cookies, your privacy policy must disclose that third parties may be placing and reading cookies on the systems of your users in the course of providing content to them. Your privacy policy should also provide information about user options for cookie management and the Do Not Track setting in supporting web browsers.
    Clearly disclose when you are adding location information to a user's Tweets, whether as a geotag or annotations data. Be clear about whether you are adding a place or specific coordinates. If your application allows users to Tweet with their location be sure that it complies with the best practices found here.
    You should not solicit another developer's consumer keys or consumer secrets especially if they will be stored or used for actions outside of that developer's control. Keys and secrets that are compromised will be reset by Twitter. For example, online services that ask for these values in order to provide a "tweet-branding" service are not allowed.
    Do not facilitate or encourage the publishing of private or confidential information.
    Do not store Twitter passwords.
    Do not store non-public Twitter Content except at the explicit direction of a Twitter end user.

4. Be a good partner to Twitter

    If you display Tweets in an offline context, do so according to the guidelines found here.
    Respect the features and functionality embedded with or included in Twitter Content or the Twitter API. Do not attempt to interfere with, intercept, disrupt, filter, or disable any features of the Twitter API or Twitter service, including the content of embedded Tweets and embedded timelines.
    You should only surface activity that is organically displayed on Twitter.
        For example, your Service should execute the unfavorite and delete actions by removing all relevant messaging and Twitter Content, not by publicly displaying to other end users that the Tweet was unfavorited or deleted.
    If your application causes or induces user accounts to violate the Twitter Rules (for example, by retweeting spam updates, repeatedly posting duplicate links, etc.), it may be suspended or terminated. We've provided some guidance in our Abuse Prevention and Security help page.
    Respect the intellectual property rights of others.
    Do not use the Twitter Verified Account badge, Verified Account status, or any other enhanced user categorization on Twitter Content other than that reported to you by Twitter through the API.
    Twitter may suspend or revoke access if we believe you are in violation of the Rules or the spirit of these principles. If you are suspended, do not apply for or register additional API tokens.

III. Twitter Functionality in your Service
1. Twitter Login

End users must be presented with the option to log into Twitter via the OAuth protocol. End users without a Twitter account should be given the opportunity to create a new Twitter account as provided by Twitter. You must display the Connect with Twitter option at least as prominently as the most prominent of any other third party social networking sign-up or sign-in marks and branding appearing on your Service.
2. General

    If you allow end users to create social updates from your own social service or a third party social networking, micro-blogging, or status update provider integrated into your Service ("Update"), you must also display a prominent option to publish that content (or a link if the Update is not text or longer than 140 characters) to Twitter. Only link back to the same Update or content on the other service if the Update is longer than 140 characters.
    All URLs referencing content in the Update (for example, a web page, photo, video, or text longer than 140 characters) should direct users back to the page where that content is displayed, rather than any interstitial or intermediate page. You can require users to sign-in to access that page, but the content cannot otherwise be restricted from being viewed.

3. Twitter Identity

Once an end user has authenticated via Connect with Twitter, you must clearly display the end user's Twitter identity. Twitter identity includes visible display of the end user's avatar, Twitter user name, and the Twitter "bird" mark. Displays of the end user's followers on your Service must clearly show that the relationship is associated with the Twitter service.
IV. Commercial Use

It is our goal to provide you, our ecosystem partner, with a policy that is clear and transparent about what you can do to monetize your Service. This is best summed up in two principles:

    respect user content -- Tweets may be used in advertisements, not as advertisements.
    respect user experience -- build your service around the timeline, not in the timeline.

    Twitter Ads. Twitter reserves the right to serve advertising via its APIs ("Twitter Ads"). If you decide to serve Twitter Ads once we start delivering them, we will share a portion of advertising revenue with you per our then-current terms and conditions.
    Advertising Around Twitter Content
        We encourage you to create advertising opportunities around Twitter content that are compliant with these Rules. In cases where Twitter Content is the primary basis of the advertising sale, we require you to compensate us (recoupable against any fees payable to Twitter for data licensing). For example, you may sell sponsorships or branding around gadgets or iframes that include Tweets and other customized visualizations of Twitter with prior permission.
        You may generally advertise around and on sites that display Tweets, but you may not place any advertisements within the Twitter timeline on your Service other than Twitter Ads.
        Your advertisements cannot resemble or reasonably be confused by users as a Tweet. For example, ads cannot have Tweet actions like follow, retweet, favorite, and reply. And you cannot sell or receive compensation for Tweet actions or the placement of Tweet actions on your Service.
        You may advertise in close proximity to the Twitter timeline (e.g., banner ads above or below timeline), but there must be a clear separation between Twitter content and your advertisements.
    Using Twitter Content. Get the users' permission before:
        using their content on a commercial durable good or product (for example, using a Tweet on a t-shirt or a poster or making a book based on someone's Tweets);
        creating an advertisement that implies the sponsorship or endorsement on behalf of the user; or
        using content in a manner that is inconsistent with the Display Requirements and would require the user's permission under applicable law, including without limitation uses of Twitter Content that features the name, likeness, or identifying persona of a person.

V. Other Legal Terms
1. Termination.

You may terminate any license in these Rules at any time by ceasing your access to the Twitter API and use of any Twitter Content, and deleting all copies of the Twitter API and Twitter Content as described below. Twitter may immediately suspend your access to the Twitter API or any Twitter Content (or if necessary, terminate this agreement with you) at any time, and without notice to you if you breach any term or condition in the Rules or otherwise engage in activities that Twitter reasonably determines are likely to cause liability to Twitter. Twitter may also terminate any licenses hereunder for any reason (including by email to the address associated with your account). Twitter will not be liable for any costs, expenses, or damages as a result of its termination of this agreement. Upon termination of this agreement, you will promptly cease accessing and using the Twitter API and Twitter Content and will delete all Twitter Content and any information derived therefrom and all copies and portions thereof, in all forms and types of media from your Service. Sections 1(4) and V of these Rules will survive the termination of this agreement.
2. Confidentiality.

You may be given access to certain non-public information, software, and specifications relating to the Twitter API ("Confidential Information"), which is confidential and proprietary to Twitter. You may use this Confidential Information only as necessary in exercising your rights granted in these Rules. You may not disclose any of this Confidential Information to any third party without Twitter's prior written consent. You agree that you will protect this Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care.
3. Ownership; Feedback.

3.1 Twitter. You expressly acknowledge that Twitter and its end users retain all worldwide right, title and interest in and to the Twitter Content, including all intellectual property rights therein. You also acknowledge that as between you and Twitter, Twitter owns all right, title and interest in and to the Twitter API, Twitter Marks, and the Twitter service (and any derivative works or enhancements thereof), including but not limited to all intellectual property rights therein. You agree not to do anything inconsistent with such ownership. Any rights not expressly granted herein are withheld. You agree that you will not challenge Twitter's ownership of, the validity of any license to use, or otherwise copy or exploit the Twitter Marks during or after the termination of this agreement except as specifically authorized herein. If you acquire any rights in the Twitter Marks or any confusingly similar marks, by operation of law or otherwise, you will, at no expense to Twitter, immediately assign such rights to Twitter.

3.2 You. As between you and Twitter, you retain all worldwide right, title and interest in and to your Service, excluding the Twitter API, Twitter Marks, and the Twitter Service (and any derivative works or enhancements thereof), including but not limited to all intellectual property rights therein. You may provide Twitter with comments concerning the Twitter Content or Twitter API or your evaluation and use thereof. You agree that Twitter and its designees will be free to copy, modify, create derivative works, publicly display, disclose, distribute, license and sublicense, incorporate, and otherwise use the feedback, including derivative works thereto, for any and all commercial and non-commercial purposes with no obligation of any kind to you.
4. Updates.

Twitter may update or modify the Twitter API, Rules, and other terms and conditions, including the Display Requirements, from time to time at its sole discretion by posting the changes on this site or by otherwise notifying you (such notice may be via email). You acknowledge that these updates and modifications may adversely affect how your Service accesses or communicates with the Twitter API. If any change is unacceptable to you, your only recourse is to terminate this agreement by ceasing all use of the Twitter API and Twitter Content. Your continued access or use of the Twitter API or any Twitter Content will constitute binding acceptance of the change.
5. Representations and Warranties; Disclaimer.

5.1 Representations and Warranties. You represent and warrant that:

    you have the necessary power and authority to enter into this agreement, and that the performance of your obligations will not constitute a breach or otherwise violate any other agreement or the rights of any third party arising therefrom;
    you will maintain throughout the term of this agreement all rights and licenses that are required with respect to your Service; and
    your Service and its use, distribution, sale and license, including the use of any license hereunder, does and will continue to comply with all applicable foreign, federal, state, and local laws, rules, and regulations.

5.2 Disclaimer. THE TWITTER CONTENT, TWITTER API, AND ANY OTHER TWITTER PRODUCTS AND SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" AND ON AN "AS-AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. TWITTER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TWITTER DOES NOT WARRANT THAT THE TWITTER CONTENT AND TWITTER API AND ANY OTHER TWITTER PRODUCTS AND SERVICES PROVIDED HEREUNDER WILL MEET ALL OF YOUR REQUIREMENTS OR THAT USE OF SUCH TWITTER CONTENT AND TWITTER API BE ERROR-FREE UNINTERRUPTED, VIRUS-FREE, OR SECURE.
6. Limitation of Liability.

IN NO EVENT WILL TWITTER BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE TWITTER API, TWITTER CONTENT, OR OTHER TWITTER PRODUCTS AND SERVICES WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. IN ANY CASE, TWITTER'S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AGGREGATE FEES YOU PAID FOR ACCESS TO THE TWITTER API IN THE LAST YEAR.
7. Indemnification.

You will indemnify, defend, and hold Twitter, its subsidiaries, affiliates, officers, and employees, harmless from any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including reasonable attorneys' fees) brought by a third party arising out of or in connection with: (a) any act or omission by you, in connection with your use of the Twitter Content, the Twitter API, or the Twitter Marks; (b) your use of the Twitter Content, the Twitter API, or the Twitter Marks other than as expressly allowed by this agreement; (c) your breach or alleged breach of any of the terms, restrictions, obligations or representations under this agreement; or (d) your Service. You will assume control of the defense and settlement of any claim subject to indemnification by you. Twitter may, however, at any time elect to take over control of the defense and settlement of any such claim. In any event, you will not settle any such claim without Twitter's prior written consent.
8. Miscellaneous.

These Rules constitute the entire agreement among the parties with respect to the subject matter and supersedes and merges all prior proposals, understandings and contemporaneous communications. Any modification to the Rules by you must be in a writing signed by both you and Twitter. You may not assign any of the rights or obligations granted hereunder, voluntarily or by operation of law (including without limitation in connection with a merger, acquisition, or sale of assets) except with the express written consent of Twitter, and any attempted assignment in violation of this paragraph is void. This agreement does not create or imply any partnership, agency or joint venture. This agreement will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflicts of law rules or principles. All claims arising out of or relating to this agreement will be brought exclusively in the federal or state courts of San Francisco County, California, USA, and you consent to personal jurisdiction in those courts. No waiver by Twitter of any covenant or right under this agreement will be effective unless memorialized in a writing duly authorized by Twitter. If any part of this agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of this agreement will remain in full force and effect.

View the API Terms of Service: Archive or the most recent changes.
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By clicking the "I Agree" button, you acknowledge that you have read and understand this agreement and agree to be bound by its terms and conditions.

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Thursday, 20 June 2013

NICONICO.JP TOS

Terms of Service
These Terms of Service (hereinafter abbreviated as “TOS”) consist of the “Account Agreement,” the “Niconico Douga TOS,” the “Niconico Premium TOS” and the “Handling of Personal Information.” This TOS shall contain all these components, and use of these services by the person who uses services related to this TOS, which are provided by Niwango, Inc. (hereinafter referred to as the “operating company”) (hereinafter referred merely to the “User”), shall be deemed to be his/her acceptance of all the above components of this TOS.The User understands and acknowledges that if that they are under-aged, they must receive the proper prior consent from their parent or guardian in regards to the usage of our site and services. In agreeing to these Terms of Use, the User has declared that they have obtained the necessary content.

This TOS complies with all the applicable Japanese laws, and the Tokyo District Court shall serve as its designated competent court for the first trial. All descriptions of this TOS shall be expressed in Japanese only, and they shall be interpreted only in Japanese.

The operating company may, at its sole discretion, revise this TOS at any time without prior notice. It shall be deemed that the User agrees to the content of the TOS upon revision, and the User shall agree to this pronouncement. Services provided by all the sites related to this TOS may be changed, suspended and discontinued without prior notice for any arbitrary reason.
■ Account Agreement
Once the User has agreed to the TOS, he/she shall then register his/her account information (including all rights and interests pertaining to the registered information and account. The same shall apply hereinafter.). The User may use “Niconico” and other sites operated by the operating company through the use of the registered account information. When the User uses such sites, he/she shall comply with the rules stipulated in the TOS of each site.The User understands and acknowledges that the Operating Company claims no responsibility for the accuracy or legitimacy of User Account Information or any damages that incur because of possible misinformation.

The operating company may arbitrarily make additions and other revisions to sites that can be used with the User’s account information, and the User shall agree to such additions and other revisions.
Information pertaining to such additions and other revisions shall be notified to Users through the service provision page.
Furthermore, the User may occasionally be able to use a function that allows him/her to select necessary data from registered account information, depending on the site.
The requirement for the registered account information and services provided to the User through the use of his/her registered account information shall be explained in the service provision page on each site.

The User shall not transfer or lend his/her own account information registered by himself/herself to any third party. In addition, for any purposes the User shall not permit any third party to use the User’s own account information registered by him/her.

The User understands and acknowledges that the information in their Account Profile is their sole responsibility. The Operating Company will treat the User Account and all of the information registered in the User Account as the information of the User him or herself. In the case that the Account is used by a Third Party, all information in the User Account, as well as all actions committed by the User, will be treated as actions committed by the User him or herself.

The operating company shall send emails that notify new functions, renewed information and campaigns pertaining to services provided by the operating company and those provided by the third party designated by the operating company, as well as occasional high-volume emails when necessary to the email address registered by the User. The User shall agree to this policy. Incoming settings shall be explained on each site and in emails sent to the User.

Using his/her own account information registered by the User himself/herself, the User is not permitted to download video data from video hosting sites that can be viewed on Niconico Douga either through software (including software programs that have been recorded in recording media and those provided via telecommunication lines and browser add-ins) or websites provided by third parties who are not designated by the operating company.

Personal information obtained by the operating company when the User uses each site based on the registration made by the User and the account information registered by the User, shall be handled in compliance with the rules stipulated in one of the components of this TOS “Handling of Personal Information.”

When the User has violated the Account Agreement, or when it is feared that the User may violate the Account Agreement, the operating company, at its sole discretion, may delete the account information registered by the User or take other necessary actions for arbitrary reasons without prior notice to the User. The User shall agree to this policy.
■ Niconico Douga TOS
  1. Application of TOS
    The Niconico Douga TOS shall be applied to the use of Niconico Douga operated by the operating company. 
  2. Operating Company’s Approach
    When it is recognized that the User has committed any prohibited act, the operating company, at its sole discretion, shall take necessary action including deletion of the account information registered by the User and any previous comments or messages without prior notice to the User.
    Even though it is unclear whether the action falls under the prohibited matters, when the operating company has determined necessary, the company may delete the account information registered or any previous comments or messages by the User, or take other necessary actions for arbitrary reasons without prior notice to the User. The User shall agree to this policy.
    The operating company can save, disclose and provide all text entered into the Niconico Douga site by the User, as well as the records of all actions taken by the User and all the information pertaining to the User who took the action concerned upon use of Niconico Douga (including personal information of the User concerned, all the information pertaining to his/her account registration, all other information pertaining to use of Niconico Douga by the User, and all the information on the network such as the IP address and the time stamp confirmed by the operating company) under the following circumstances: when there is an applicable law; when there is a need to do so in order to protect human lives, bodies and/or properties; when there is a need to do so in order to improve public hygiene and/or promote the healthy growth of children; when there is a need to provide cooperation to governmental organizations, local public bodies or the parties entrusted by such entities in executing duties imposed by the applicable laws and ordinances under the circumstances in which it is feared that obtaining the User’s consent may hinder them from executing such duties; and when the operating company has determined that it is necessary to save, disclose and provide all the above information in order to handle the claim made against the act that is violating the third party’s right; and when the operating company has determined that it is necessary to save, disclose and provide all the above information for operation of Niconico Douga. The User shall agree to this policy.
    All of the copyrights on all text entered in Niconico Douga by the User shall be transferred to the operating company as soon as the entry is made by the User, and the operating company can conduct any business using such text including publication (the copyrights stipulated in Articles 27 and 28 of the Copyright Law shall also be transferred to the operating company). However, the operating company shall permit the User himself/herself who made the entry of the text concerned to use such text. With regard to the ownership of the right on the text concerned, the User shall not claim or exercise any such right against the operating company and parties designated by the operating company.
    The User shall agree not to raise an objection against the operating company regarding all their actions including deletion of comments or messages and the account information registered by the User himself/herself.
  3. Prohibited Matters
    The following actions are prohibited to the User upon his/her use of Niconico Douga:
    • Illegal actions and actions that assist, solicit, force and encourage illegal actions
    • Actions that cause excessive burden on the Niconico Douga server
    • Actions that interfere with the operation of Niconico Douga, actions that are determined inappropriate by the operating company
    • Actions that interfere with use of Niconico Douga by other Users
    • Pre-election campaigns, election campaigns and activities similar to those, and actions that conflict with the Public Officers Election Act
    • Actions that infringe on other people’s reputations, social creditability, privacy, right of portrait, publicity right, copyright and other intellectual property rights and all other rights (including all rights stipulated by the law and ordinances, as well as rights acknowledged in precedents)
    • Slanderous, threatening and harassing actions against other Users
    • Use of discriminatory expressions against others on the basis of ethnicity, region, race, gender and age
    • Actions that solicit, induce and encourage suicide, mass suicide, self-laceration and use of illegal/law-evading drugs
    • Actions that invite encounters for the purposes of sexual intercourse and indecent acts
    • Use of expressions that are sexually suggestive, obscene and violent, and all other similar actions that may cause others excessive discomfort
    • Posting links to child prostitutions/pornography and uncensored video download sites
    • Trading activities, auctions, money transactions and all other similar actions for which permission has not been obtained from the operating company
    • Advertisements of products that have not been approved by the operating company, disclosing the profiles for the purpose of promotion and all other actions undertaken for the purpose of solicitation including spam mails and chain mails
    • Spoofing through the use of other people’s names and their organization names (company names), etc.
    • Actions against public order and morals and common currency
    • All other actions that may fall under the items listed above as well as those that are prohibited by the guidelines or other similar rules presented by the operating company
  4. Disclaimer
    When the User uses Niconico Douga, the operating company shall not guarantee the accuracy, legitimacy, morality, currentness and adequacy of the information posted on Niconico Douga.

    The operating company shall not be responsible for any damage, whether direct or indirect, caused by the following actions and situations: use of Niconico Douga; not being able to use Niconico Douga; use of any link posted on Niconico Douga; and/or not being able to use any link posted on Niconico Douga. Similarly, when the User or other Users has/have violated any provision stipulated in the Niconico Doug TOS, the User(s) shall indemnify the operating company from all legal actions including claims and lawsuits undertaken against the operating company. As well, when any conflict pertaining to the communication fees derived from the use of Niconico Douga arises between the operating company and the User, the User shall indemnify the operating company from any liability, damage and/or loss caused by such conflict.
■ Niconico Premium TOS
The Niconico Premium TOS shall be applied to the use of [Niconico Premium], which is the service provided only to the User who has registered as a fee-paying subscriber called [Niconico Premium Member].

In the event that the User decided not to register himself/herself as a [Niconico Premium Member], the Niconico Premium TOS shall not be applied.
  1. Application of the Niconico Premium TOS
    Upon registration as a [Niconico Premium Member] and the use of [Niconico Premium], the User shall agree to the [Niconico Premium] TOS. When the User uses any site to which the [Niconico Premium] is applied, the User shall comply with the TOS of the site concerned.
  2. [Niconico Premium Member] Registration
    The User who wants to register himself/herself as a [Niconico Premium Member] shall first agree to the [Niconico Premium] TOS then make a [Niconico Premium Member] registration in accordance with the registration procedures determined by the operating company.

    There are two payment methods for the [Niconico Premium] subscription fee: monthly payment method (by credit cards designated by the operating company, payment as part of the cellular phone monthly subscription fee, or payment via PayPal account) and advance payment method (on the site it is described as “Ticket Charge.” This is the case in which the payment is made via prepaid card or other means designated by the operating company). Once the User has chosen a payment method for a particular contract, he/she cannot change the payment method until the contract concerned expires. The User shall agree to this policy.
  3. Use of Services Through Monthly Payment
    When the [Niconico Premium Member] uses [Niconico Premium] through monthly payment, a subscription fee of 525 yen shall be charged each month (including consumption tax).

    In order for the [Niconico Premium Member] who has chosen the monthly payment method to cancel the contract for the use of [Niconico Premium] concluded with the operating company, the User must complete the contract withdrawal procedures specified by the operating company. Unless the contract withdrawal procedures have been completed by the [Niconico Premium Member], the contract concerned shall be automatically renewed every month. The [Niconico Premium Member] shall agree to this policy.

    With regard to the subscription fee, the specified monthly fee will be charged for the first contract month regardless of the date of the contract. When the User has completed the withdrawal procedures in the same month the registration was made, the one-month subscription fee shall be charged. Similarly, when the User has completed the withdrawal procedures and the contract has been canceled in the middle of the month, a one-month subscription fee will be charged for the month in which the contract was cancelled. If the User re-registers himself/herself in the same month he/she has completed the withdrawal procedures, a one-month subscription fee shall be charged each time the User makes a new registration.
  4. Use of Services Through Advance Payment
    When the [Niconico Premium Member] uses [Niconico Premium] through advance payment, the User can use [Niconico Premium] for the period of ninety (90) days for the amount of 1,680 yen (including consumption tax).

    The contract pertaining to the use of [Niconico Premium] with the advance payment method concluded between the [Niconico Premium Member] and the operating company shall be deemed to have expired on the date of expiration of an advance payment subscription. Furthermore, in the event that the [Niconico Premium Member] stopped using the paid services of [Niconico Premium] due to his/her personal circumstances, any subscription fee that has been already paid shall not be refunded.
  5. Procedures Undertaken After Expiration of Contract
    In the event that the [Niconico Premium Member] who chose the monthly payment method has canceled the contract concluded with the operating company, or when the designated term of the contract with the advance payment method has expired, the contract pertaining to the use of [Niconico Premium] concluded between the [Niconico Premium Member] and the operating company shall be deemed to have expired.
    Even after the expiration of the contract, the operating company shall, at its sole discretion and within the term and scope designated by the operating company, determine the retention period for the records of the services provided to the [Niconico Premium Member] through [Niconico Premium] during the contract period. During this retention period, if a new contract is concluded between the [Niconico Premium Member] and the operating company, the records of the services provided during the previous contract period can be transferred to the new contract within the term and scope designated by the operating company. However, this transfer shall be at the sole discretion of the operating company, and does not guarantee that all the records of the services provided during the previous contract period shall be transferred to the new contract.
  6. Prohibition of Transfer of Fee-Paying Membership and Other Similar Actions
    The [Niconico Premium Member] shall not be permitted to transfer or lend the fee-paying membership and/or account information to any third party. As well, he/she shall not be permitted to establish the right of pledge on the membership and/or account information or any other similar actions such as providing as collateral. The [Niconico Premium Member] shall agree to this policy.
  7. Exemption Clause
    [Niconico Premium] shall not provide an operational guarantee with regard to the use of the services provided to the [Niconico Premium Member] from the environment other than the recommended environment separately indicated on the Niconico Douga site. Furthermore, [Niconico Premium] shall not provide an operational guarantee with regard to the use of the services from the recommended environment. Occasionally, malfunction may occur on the services provided by [Niconico Premium] and/or equipment used by the [Niconico Premium Member], depending on the type of equipment and/or the communication environment that the [Niconico Premium Member] uses. In addition, maintenance work conducted by the operating company, power failure, abnormality in telecommunication lines, and all other inevitable situations that are beyond the operating company’s control including natural disasters may restrict part or all of the services provided. Upon concluding the contract pertaining to the use of [Niconico Premium] with the operating company as well as use of [Niconico Premium] after concluding the contract, the [Niconico Premium Member] shall be fully aware of such possibilities, and he/she shall agree to indemnify the operating company from any liability for, and/or damage caused by, the aforementioned malfunctions.
  8. Suspension of Services
    When the [Niconico Premium Member] has violated the TOS of any site subject to [Niconico Premium], the operating company may restrict the use of such a site by the [Niconico Premium Member], the provision of part or all of the [Niconico Premium] services that have been provided to the [Niconico Premium Member], or may cancel the contract pertaining to the use of [Niconico Premium] concluded with the [Niconico Premium Member]. In the event that the contract has been canceled due to any of the above reasons, if the [Niconico Premium Member] has been on the monthly payment, the monthly subscription fees shall be charged until the contract expiration month. Furthermore, the operating company shall not make any refund of the subscription fees regardless of the payment method chosen, either monthly payment or advance payment.

    Regardless of whether the User is a [Niconico Premium Member] or not, the operating company, at its discretion, may restrict the provision of part or all of the services of the site subject to [Niconico Premium] in accordance with its TOS. Being the [Niconico Premium Member] shall not affect such measures, and concluding the contract pertaining to the use of the [Niconico Premium] services does not remove those restrictions on the service provisions enforced by the operating company. The operating company shall not make any refund to the User for the reason of restriction of services enforced by the operating company.

    When the subscription fee has not been paid, the operating company shall be permitted to cease provision of the [Niconico Premium] services without giving prior notice to the [Niconico Premium Member].
  9. Policy for Provided Services 
    The details of the [Niconico Premium] services shall be explained in the service provision explanatory page. The User, who would like to register himself/herself as a [Niconico Premium Member], shall first confirm and agree to the details of the services prior to concluding the contract with the operating company. The operating company shall be permitted to change the [Niconico Premium] services and fees by giving prior notice to the [Niconico Premium Member] on the Niconico Douga site. The [Niconico Premium Member] shall agree to this policy.
■ Handling of Personal Information
<Basic Policy> In order to provide better services to the User, the operating company shall establish rules pertaining to proper collection of personal information, create standards for the use of personal information, and administer personal information, thereby properly handling the User’s personal information as precious property.

The operating company shall comply with the Personal Information Protection Law and all other related laws and ordinances.
The operating company shall appoint a person in charge of personal information protection, and check if personal information is properly handled in accordance to the rules. If any issue has been detected, the person in charge of personal information protection shall always strive to address the detected issue.
The operating company shall maintain the accuracy of personal information and establish technical safety measures to protect the User against any trouble caused by leakage or unjust modification of personal information.

♦ Scope of Application
This policy shall be applied when the User uses any service provided by the operating company.
The operating company shall not be responsible for any personal information left by the User during the use of advertisers’ sites linked to the operating company’s site . The policy shall therefore be deemed inapplicable to such personal information.

♦ Purpose of Use
The operating company shall clearly specify the purposes of use of personal information, and shall not use such information for any other purposes. The obtained personal information shall be used for the following purposes:
  • To provide and administer services provided by the operating company
  • To receive and answer questions
  • To send emails from the operating company to the User to give notification for new functions, updated information, campaigns pertaining to services provided by the operating company and those provided by the third party designated by the operating company
  • To send gifts and prizes
  • To send important notifications such as maintenance when necessary
  • To total and analyze the attributes of personal information to create statistical database (Statistical data is defined as the data processed in a manner so that the individual cannot be identified and specified. Such data may be used or processed for the execution of various tasks including development of new services. Furthermore, statistical data may be provided to business associate(s).)
  • To identify the person who violated the TOS in order to reject his/her use of the services
  • To notify the User of information pertaining to the sponsor companies in the operating company’s advertising business and services provided by the business associate(s) of the operating company (The term “business associates” is defined as companies that jointly provide services to the User together with the operating company, and affiliated companies and subsidiaries of the operating company)
  • To improve the convenience for the User (e.g., Customizing advertisements and content that the User may see on the site)
  • To allow the User himself/herself to review, change and delete his/her registration information and/or to view his/her own usage status
  • To bill the User for the fee-based services
  • To notify the User who uploaded content of the information pertaining to the use of such content via the services provided by the operating company
  • When there is any business associate and the User uses services that are jointly provided by the operating company and the business associate (hereinafter referred to as “joint services”): To provide the business associate with the minimum of personal information required for the provision of the joint services
♦ Joint Use
Personal information obtained by the operating company shall be shared by the operating company and the group companies, to which the operating company belongs, for the purpose of the provision of joint services.

♦ Provision of Personal Information to Third Parties
Although, as a general rule, the operating company shall not disclose or provide personal information to the third parties without consent of the User, the company may disclose/provide such information under the following circumstances:
  • When there are applicable laws and ordinances
  • When there is a need to do so in order to protect human lives, bodies and/or properties under the circumstances in which it is difficult to obtain consent from the User himself/herself
  • When there is a need to do so in order to improve public hygiene and promote healthy growth of children under the circumstances in which it is difficult to obtain consent from the User himself/herself
  • When there is a need to provide cooperation to governmental organizations, local public bodies or the parties entrusted by such entities in executing duties imposed by the applicable laws and ordinances under the circumstances in which it is feared that obtaining the User’s consent may hinder them from executing such duties
  • All other situations covered by the TOS of the services provided by the operating company, to which the User has given consent
♦ Outsourcing
The operating company may outsource a variety of work including managing personal information within the scope of necessity in terms of the provision of services. In this case as well, the operating company shall properly manage personal information by mandating the outsourcing company not to leak or transfer such information.
♦ Disclosure, etc.
As a general rule, the User shall be permitted to review, change and delete his/her own personal information obtained by the operating company from the User depending on the function of the service. When you want to disclose personal information under the circumstance other than those described in the previous clause, please make an inquiry to our Service Inquiry Department.
♦ Exemption Clause
The operating company shall properly provide services in accordance with the applicable laws and regulations in order not to leak personal information. However, the operating company shall be exempted from any liability of troubles derived from the acquisition of personal information by third parties under the following circumstances:
  • When the User himself/herself has revealed his/her own personal information to other Users through the functions of the services provided by the operating company or other means.
  • When the User has been accidentally identified due to the information entered by other Users on the site
  • All other adverse situations such as a leak occurring despite the fact that there was no negligence on the part of the operating company
♦ Other Information
Please be advised that if the User failed to provide the latest and accurate personal information, the User may not be able to receive proper services.
♦ Service Inquiry Department
The User can contact our Service Inquiry Department for any inquiry pertaining to the handling of personal information.

Wednesday, 19 June 2013

Adobe product license agreements


Legal notice:

Adobe products are not sold; rather, copies of Adobe products, including Macromedia branded products, are licensed all the way through the distribution channel to the end user. UNLESS YOU HAVE ANOTHER AGREEMENT DIRECTLY WITH ADOBE THAT CONTROLS AND ALTERS YOUR USE OR DISTRIBUTION OF THE ADOBE PRODUCTS, THE TERMS AND CONDITIONS OF THE APPLICABLE LICENSE AGREEMENTS BELOW APPLY TO YOU. Please read the agreements applicable for the products you want to use. Some software is distributed together as a collection. Please be careful to read the agreement for the software you want to use.
You can access the product license in Adobe® Portable Document Format (PDF) by clicking the version number for the appropriate product(s) below. For your convenience, when available, we have provided you with a selection of languages in which to review the product license. You will need to download Adobe Reader® software, if it is not already installed on your computer, to view and print the license agreements.

Tuesday, 18 June 2013

ImgBurn :EULA

Important Notice:

A. ImgBurn End User License Agreement (EULA)
B. OpenCandy End User License Agreement (EULA)

---------------------------------------------

A. ImgBurn End User License Agreement

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. This End User License Agreement for ImgBurn ("License Agreement" or "Agreement") is a legal agreement between you (either an individual or an entity), LIGHTNING UK! ("Author"), his suppliers and licensors. By clicking on the "Accept" button, installing, copying or otherwise using the Software, you agree to be bound by the terms of this License Agreement.  IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND/OR DO NOT INSTALL THE SOFTWARE.

Installing this software implies that you have read this license agreement, understand it, and agree to be bound by its terms and conditions.

1. GRANT OF LICENSE.
a) This program is freeware and cannot be sold in any way, shape or form.  Anyone may freely use this software at home or in the workplace.
b) You agree that you shall only use the Software and Documentation in a manner that complies with all applicable laws in the jurisdictions in which you use the Software and Documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
c) You may not use the Software in an attempt to, or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
e) You may not distribute the program as part of a commercial device, program or service without the express permission of the Author.

2. BETA RELEASE VERSIONS.
In the event that the Software is a beta release version, the terms of this Section shall apply.  The beta release version software you are receiving can be modified functions, capabilities, features, specifications, general availability or other characteristics without further notice. You agree that the beta release versions are not suitable for production use and may contain errors affecting their proper operation.

3. AUTOMATIC COMMUNICATIONS FEATURES.
The Software has the ability to automatically check for program updates via an active Internet connection.  The software receives current program version information from ImgBurn's servers and the program then uses this information to determine if an update is available. No information is ever transmitted to ImgBurn's servers. You are responsible for any telecommunications or other connectivity charges incurred through use of the Software.

4. RIGHTS.
Title, ownership, rights, and intellectual property rights in and to the Software and Documentation shall remain with the Author.  The Software and the Services are protected by the copyright laws of international copyright treaties.  Title, ownership, rights, and intellectual property rights in and to the content accessed through the Software and the Services ("Content") including the content contained in the Software media demonstration files, shall be retained by the applicable Content owner and may be protected by applicable copyright or other law.  This license gives you no rights to such Content.

5. LIABILITY.
THIS SOFTWARE IS DISTRIBUTED "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. YOU USE IT AT YOUR OWN RISK. THE AUTHOR WILL NOT BE LIABLE FOR DATA LOSS, DAMAGES, LOSS OF PROFITS OR ANY OTHER KIND OF LOSS WHILE USING OR MISUSING THIS SOFTWARE.

6. TERMINATION.
This License Agreement will automatically terminate if you fail to comply with any term hereof.  No notice shall be required from the Author to effect such termination.  You may also terminate this License Agreement at any time by notifying the Author in writing of termination.  Upon any termination of this License Agreement, you shall immediately discontinue use of the Software, or certify destruction of, all full or partial copies of the Software, documentation and related materials provided by the Author.  Your obligation to pay accrued charges and fees shall survive any termination of this License Agreement.

7. UNINSTALL
To uninstall this software, follow the directions below:
    a) Click the 'Start' menu button in Windows.
    b) Select 'All Programs'.
    c) Select the 'ImgBurn' program group.
    d) Select 'Uninstall'.

You can also uninstall this software via the appropriate applet within Control Panel.
    For Example:
Windows Vista / 7 / 8 - 'Programs and Features'
Windows XP            - 'Add or Remove Programs'
Older Versions        - 'Add/Remove Programs'

ImgBurn™
© 2005 - 2013 LIGHTNING UK!. All rights reserved.
http://www.imgburn.com

---------------------------------------------

B. OpenCandy End User License Agreement (EULA)

Date of last revision: March 7, 2012

PLEASE READ THESE TERMS BEFORE PROCEEDING WITH THE INSTALLATION OF THE SOFTWARE. BY AGREEING TO THESE TERMS YOU ARE GRANTING US PERMISSION TO PROVIDE RECOMMENDATIONS OF THIRD PARTY SOFTWARE IN ACCORDANCE WITH THE FOLLOWING TERMS AND THE TERMS OF OUR PRIVACY POLICY.

1. What We Do

The developer of the software ("Software") you are installing has chosen to use the OpenCandy Network ("We") to provide recommendations of other third party software. All third party software participating in the OpenCandy Network must adhere to strict policies that ensure only compliant software is recommended. In the event an OpenCandy recommendation is shown, the recommendations will only occur once during the installation of the Software.

2. How Our Recommendations Work

As part of the installation process, a temporary file transmits anonymous, non-personally identifiable information about your computer system in order to help us determine what third party software would be appropriate to recommend. If a recommendation is shown and you choose to install such recommended third party software, then the third party software will be downloaded and installed. If a recommendation is not shown, or you choose not to install such recommended third party software, then no third party software will be downloaded or installed.

Reasonable efforts are made to ensure any temporary files created are automatically removed after the installation process is completed, regardless of whether a recommendation is made, and regardless of whether you choose to install any software. Please note, however, that some files may not be able to remove themselves until the next system restart.

3. Recommended Third Party Software

You are NEVER required to install any recommended third party software, and you will not be required to install any third party software as a condition to install the Software. We will never install any third party software without your express consent. Recommended third party software is also subject to its own separate license agreement(s).

4. How We Use Your Data

We are strong advocates for consumer privacy, and we do NOT collect or store any personally identifiable information. Any information transmitted to our servers is anonymous and may be stored in the aggregate to help us improve our services. All information is collected and used in accordance with our Privacy Policy, available at: http://www.opencandy.com/privacy-policy.

5. DISCLAIMER; LIMITATION OF LIABILITY

WE PROVIDE ALL RECOMMENDATIONS OR THIRD PARTY SOFTWARE "AS IS," "WITH ALL FAULTS," AND WITHOUT ANY WARRANTY WHATSOEVER, AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES IN CONNECTION WITH ANY RECOMMENDATION OR THIRD PARTY SOFTWARE.

6. Miscellaneous

These Terms are governed by and interpreted, construed and enforced in accordance with the laws of the State of California, United States of America, without respect to its choice of law provisions. Any action is subject to the exclusive jurisdiction of the state or federal courts in California, and you irrevocably submit to the personal jurisdiction in such courts.

7. Third Party Software Uninstallation

We ensure that all OpenCandy recommended third party software which may be installed allows for simple uninstallation without harming your computer, and without leaving files or applications behind.

If you have any feedback or questions, please email us at: license@opencandy.com.

Sunday, 16 June 2013

EULA : Linpus Linux Lite 1.9

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       End User License Agreement for Linpus Linux Lite 1.9
                          Jan, 2013
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Copyright (c) 1997~2013 Linpus Technologies, Inc.
All rights reserved.

This agreement governs the download, installation or use of the Software (as defined below) and any updates to the Software, regardless of the delivery mechanism. Subject to the following terms, Linpus grants to the user ("User") a license to this collective work pursuant to the GNU General Public License version 2.  By downloading, installing or using the Software, User agrees to the terms of this agreement.

1.  THE SOFTWARE.  Linpus Linux Lite (the "Software") is a modular Linux operating system consisting of hundreds of software components. The end user license agreement for each component is located in the component's source code.  With the exception of certain image files containing the Linpus trademark, the license terms for the components permit User to copy and redistribute the component. With the potential exception of certain firmware files (denoted in the License field of the RPM packaging), the license terms for the components permit User to copy, modify and redistribute the component, in both source code and binary code forms. This agreement does not limit User's rights under, or grant User rights that supersede, the license terms of any particular component.

2.  COPYRIGHT. The end user license agreement for each component is located in the component's source code, including but not limited to any logos, images, photographs, animations, and text incorporated into the software, the accompanying written materials (“Documents”), and any copies of the software are owned by Linpus technologies Inc. 

The Software may contain third party software which requires notices and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are made a part of and incorporated by reference into this EULA. By accepting this EULA, you are also accepting the additional terms and conditions, if any, set forth therein.

The software is comprised of hundreds of software components, most of which are licensed under the terms of GNU General Public License (GPL). You can obtain a copy of GPL from the destination folder of your installation.

3.  LIMITED WARRANTY.  Except as specifically stated in this agreement or a license for a particular component, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE AND THE COMPONENTS ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.  Linpus will not warrant that the functions contained in the Software will meet User's requirements or that the operation of the Software will be entirely error free or appear precisely as described in the accompanying documentation. USE OF THE SOFTWARE IS AT USER'S OWN RISK.

4.  LIMITATION OF REMEDIES AND LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LINPUS WILL NOT BE LIABLE TO USER FOR ANY DAMAGES, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST SAVINGS ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF LINPUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5.  GENERAL.  If any provision of this agreement is held to be unenforceable, that shall not affect the enforceability of the remaining provisions.  This agreement shall be governed by the laws of The Public of China, Taiwan without regard to any conflict of laws provisions, except that the United Nations Convention on the International Sale of Goods shall not apply.

Linpus and other trademarks contained in the Software are trademarks or registered trademarks of Linpus Technolgies, Inc. "Linux" is a registered trademark of Linus Torvalds.  Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This EULA does not authorize you to use Linpus's or its licensors' names or any of their respective trademarks.

Thursday, 13 June 2013

I2P Public Domain License

PUBLIC DOMAIN SOFTWARE

free (adj.) - unencumbered; not under the control of others

This software is released into the public domain by the I2P team with no warranty of any kind, either xpressed or implied. It probably won't make your computer catch on fire, or eat your children, but it might. Use at your own risk.

The base I2P router and SDK make use of the following non-public domain code:

* TheCrypto's cryptographic routines (BSD)
* Bouncycastle's hash routines (MIT license)
* Cryptix's AES routines (Cryptix license)
* Adam Buckley's SNTP routines (BSD)
* FSF's PRNG and GMP (LGPL)

Also included in this distribution are a bunch of third party client applications, all with their own dependencies.  Please see our license policy page for details:   http://www.i2p2.de/licenses

One of the bundled client apps (routerconsole) requires us to say :  This product includes software developed by the Apache Software Foundation  (http://www.apache.org/)

I2PTunnel, I2PSnark, SusiDNS, and SusiMail are GPL licensed.

For more information see LICENSE.txt in the install directory.
For source, please see:  http://www.i2p2.de/monotone