IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY. YOUR USE OF THE SOFTWARE IS CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY USING THIS SOFTWARE, YOU ARE AGREEING TO BE LEGALLY BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL OR USE THE SOFTWARE.
THIS AGREEMENT SETS FORTH THE ENTIRE AGREEMENT AND SUPERSEDES ANY AND ALL PRIOR PURCHASE ORDERS, ACKNOWLEDGMENTS, AGREEMENTS, AND ORAL OR WRITTEN COMMUNICATIONS OR UNDERSTANDINGS OF THE PARTIES REGARDING THE USE OF EZPROXY SOFTWARE. THESE TERMS SUPERSEDE AND CONTROL OVER CONFLICTING TERMS IN THE WORLDSHARE PLATFORM TERMS AND CONDITIONS.
Licensee's use of the software it has licensed from OCLC is subject to the following terms and conditions (the "Terms"). OCLC reserves the right to determine whether a prospective Licensee is eligible to make use of the Software and to refuse to license such software to any party for any reason in OCLC's sole discretion.
A. "Software" means the machine-readable object code version of EZproxy made available by OCLC, together with the License Key, related documentation or other materials delivered by OCLC to Licensee, and all error corrections, enhancements, upgrades, and new or major releases to or of such computer program made available to Licensee by OCLC.
B. "Licensee" refers to the entity that obtains the Software from OCLC. Licensee can install the Software on a server owned or controlled by Licensee and can access the Software from such server for purposes authorized by these Terms.
C. "Authorized User" means a registered user of Licensee who is also bound by these Terms.
D. "Documentation" means the published and generally available user information and documentation that OCLC delivers with the Software or on the OCLC website, www.oclc.org.
2. LICENSE TO USE THE SOFTWARE.
A. Subject to these Terms, OCLC grants Licensee a nonexclusive, nontransferable license to install and use the Software for noncommercial purposes, in object code form only, to install, execute, access, run or otherwise interact with the Software within the scope of license granted herein. Use of the Software on behalf of Licensee is restricted to Authorized Users of Licensee. Nothing in this Agreement entitles Licensee to receive source code for any part of the Software.
B. Licensee acknowledges that use of certain future Software functionality which is currently planned for development may be conditioned upon its payment of additional fees, submission of additional ordering information and/or agreement to additional terms and conditions prescribed by OCLC.
C. Licensee's license to use the Software may be a Hosted License or a Non-Hosted License. Hosting Services provided by OCLC (and additional terms and conditions applicable thereto) are as set forth in a separate EZproxy Hosting Agreement.
3. USAGE RESTRICTIONS.
A. OCLC reserves all rights in and to the Software not expressly granted to Licensee by these Terms. No title to or ownership of the Software or any proprietary rights related to the Software is transferred to Licensee by these Terms. Licensee agrees not to (a) use the Software for any purpose or in any manner other than authorized by these Terms; (b) distribute, lend, license, rent, or otherwise transfer the Software; (c) reverse engineer, disassemble, or decompile the Software or otherwise attempt to discover or recreate the source code to the Software; (d) make any modification, adaptation, improvement, enhancement, translation, or derivative work of or to the Software; (e) remove, alter, or obscure any proprietary notices (including copyright notices) of OCLC or its licensors contained in the Software; and (f) use the Software for purposes for which it is not designed. Licensee shall comply with all applicable laws, rules, regulations, orders, and other requirements, including U.S. export control laws, in its use of the Software.
B. Purchase of EZproxy entitles Licensee to a permanent license key for one EZproxy server. Licensee is also entitled to transfer its license key between different platforms provided there is only one version in production at any given time and may install the permanent license key on non-production servers owned by the same institution to test new configurations.
4. DELIVERY OF OR ACCESS TO THE SOFTWARE.
The Software will be delivered to Licensee by direct network download. The license key will be delivered with the welcome letter following the purchase of the software. Licensee is responsible for arranging for and providing, at its expense, the Internet and telecommunications connections, computer hardware and other equipment necessary to access and make use of the Software.
5. MAINTENANCE AND SUPPORT SERVICES
OCLC will provide basic email and telephone support between the hours of 7:00am and 9:00pm Eastern Time, exclusive of weekends and OCLC-recognized holidays.
Maintenance and support services will automatically renew annually for additional successive one (1) year terms at OCLC's then current maintenance and support fees, and Licensee will be invoiced accordingly, unless either OCLC or Licensee terminates maintenance and support services effective at the end of the then-current one (1) year period upon notice given not less than thirty (30) days prior thereto or terminates this Agreement as permitted by its terms.
OCLC may from time to time issue Updates. These updates are available to Licensee at no additional charge during the term of Licensee's subscription. OCLC will provide reasonable assistance to help Licensee install and use each Update.
D. Problem Resolution.
OCLC will use reasonable efforts to resolve problems and answer questions in response to issues reported to OCLC by Licensee in accordance with this Agreement. OCLC will provide various statistics and reporting capabilities, as made available to Licensee by OCLC from time to time.
E. Licensee's Responsibilities.
a. Licensee shall read and follow the instructions set forth in the documentation for the Software.
b. Except for maintenance and support services to which it is entitled hereunder, Licensee will provide all hardware, software, services, and other items necessary to use the Software.
c. Licensee shall designate a Support Contact (the "Primary Contact") to oversee and coordinate its use of the Software who is knowledgeable about the Software and the hardware on which it is installed and running. The designated Support Contact and up to one additional named contact shall act as Licensee's contact person(s) for all communications with OCLC. Licensee is responsible for supporting other contacts (besides the Primary Contact) and its End Users. Additional Support Contacts may be designated at $500 per year, per each added Support Contact.
d. For groups / consortia, the purchaser of the group / consortia EZproxy shall designate a Support Contact (the "Primary Contact") to oversee and coordinate its use of the Software who is knowledgeable about the Software and the hardware on which it is installed and running. The designated Support Contact and up to one additional named contact shall act as Licensee's contact person(s) for all communications with OCLC. Licensee is responsible for supporting other contacts (besides the Primary Contact) and its End Users. Additional Support Contacts may be designated at $500 per year, per each additional Support Contact.
e. Licensee will promptly report to OCLC all Software problems or Errors.
f. Licensee shall provide OCLC with access to and use of all system facilities OCLC reasonably determines are necessary to provide timely support services pursuant to this Agreement and will provide such information and data as OCLC reasonably requests in order to provide such services. OCLC agrees to use commercially reasonable efforts, and Licensee agrees to take necessary precautionary steps, to ensure the integrity of Licensee's systems.
g. Licensee shall take remedial corrective action, if necessary, under the direction of OCLC personnel.
Unless otherwise agreed upon in writing by OCLC, maintenance and support services will not include the following:
In addition, OCLC shall not be obligated to provide maintenance and support services in the event of:
OCLC, at its sole discretion, may choose to discontinue support of previously released versions of EZproxy.
Within thirty (30) days after invoice, Licensee shall pay the applicable license fees for the Software. Such fees shall be paid in U.S. dollars (or such other currency as OCLC may agree in writing is acceptable) at the address stated on the invoice. Fees specified under these Terms are exclusive of any taxes. If OCLC, or the entity through which OCLC invoices Licensee, is required to collect a tax payable by Licensee, Licensee shall pay such tax to OCLC or such entity, as appropriate, on demand. Licensees claiming exemption from taxation shall supply a valid exemption certificate upon request. Licensee's failure to fully pay any fees and taxes within thirty (30) days after the applicable due date will be deemed a breach of this Agreement, justifying OCLC's suspension of services for which payment is overdue. Accounts in default are subject to an interest charge on the outstanding balance equal to the lesser of 1.5% per month or the maximum rate permitted by applicable law.
7. REINSTATEMENT OF MAINTENANCE AND SUPPORT SERVICES.
In the event that OCLC elects, at its option, to honor Licensee's request for reinstatement of maintenance and support services allowed to lapse by Licensee or terminated by OCLC as permitted by this Agreement, OCLC shall be entitled to a reinstatement fee to be determined by OCLC, covering the entire period of lapsed or terminated services, in order for the level of maintenance and support services to be reinstated for Licensee. OCLC shall have no obligation to reinstate lapsed maintenance and support services.
8. WARRANTIES AND LIMITATION OF LIABILITY.
A. OCLC warrants to Licensee that it possesses all rights necessary to grant Licensee a license to use the Software in accordance with these Terms and applicable documentation. In the event of any claim that such use violates any third-party copyright or other intellectual property right, OCLC's liabilities and Licensee's remedies shall be as provided in Section 8 below.
B. OCLC warrants that, when operated in accordance with the documentation accompanying the Software and other instructions provided by OCLC, the Software will be capable of performing substantially in accordance with the functional specifications set forth in such documentation.
C. If the Software fails to comply with the warranty set forth in Section 8.B, OCLC will make reasonable efforts to correct the noncompliance (e.g., by furnishing a correction, modification or update); provided that: (a) OCLC is notified of the noncompliance within thirty (30) days after the date OCLC delivers the noncompliant Software to Licensee; and (b) OCLC is able to reproduce the noncompliance. If, after the expenditure of reasonable efforts, OCLC is unable to correct any such noncompliance, OCLC will refund to Licensee all or an equitable portion (based on the Licensee's actual use of the relevant Software and other pertinent factors) of the license fees paid to OCLC for the noncompliant Software in full satisfaction of claims relating to such noncompliance. OCLC's sole liability and Licensee's sole and exclusive remedies for breach of the warranty in Section 8.B above are as forth in this Section 8.C.
D. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, OCLC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, AS TO: (A) THE SOFTWARE; (B) THE SECURITY, CONTENT OR NONINFRINGEMENT OF ITEMS CONTAINED IN COLLECTIONS; (C) THE RESULTS OF ANY PROJECT UNDERTAKEN USING THE SOFTWARE; (D) PERFORMANCE OF SUPPORT SERVICES; AND (E) OCLC'S SYSTEMS.
E. OCLC WILL HAVE NO LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, OR OTHERWISE) FOR ANY DAMAGES ARISING FROM LICENSEE'S USE OF THE SOFTWARE OTHER THAN AS AUTHORIZED BY THESE TERMS, OR DAMAGES DUE TO CIRCUMSTANCES BEYOND OCLC'S REASONABLE CONTROL. IN NO EVENT SHALL OCLC BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES HEREUNDER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR INFORMATION OF ANY KIND; LOST PROFITS, SAVINGS OR BUSINESS; OR ANY COST OF PROCURING SUBSTITUTE GOODS, HOWEVER CAUSED, WHETHER CLAIMED UNDER CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT OCLC WAS AWARE OF THE POSSIBILITY THEREOF. EXCEPT IN CONNECTION WITH THEIR INDEMNITY OBLIGATIONS UNDER THESE TERMS, IN NO EVENT WILL OCLC'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THIS AGREEMENT EXCEED THE LICENSE FEES FOR THE RELEVANT SOFTWARE PAID BY LICENSEE UNDER THIS AGREEMENT. THE FEES SET BY OCLC HEREUNDER HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THE ALLOCATION OF RISK REFLECTED IN THIS AGREEMENT.
F. Any disclaimers, releases, indemnities and other provisions for the exclusion or limitation of OCLC's warranty and other potential liabilities will likewise exclude or limit the potential liabilities of its licensor, OCLC.
9. THIRD-PARTY CLAIMS.
A. OCLC, at its own expense, shall defend any action brought against Licensee, to the extent that it is based on a claim that use of the Software in accordance with these Terms and applicable documentation infringes a United States copyright or other United States intellectual property right and shall hold Licensee harmless from any liability for damages, reasonable attorneys' fees and other payments ordered by a court as a result of such a claim or resulting from the settlement thereof, provided Licensee notifies OCLC promptly in writing of the claim and OCLC has sole control of the defense of the claim and all negotiations for its settlement or compromise. Licensee shall have the right to appoint an attorney to participate in such defense on behalf of Licensee, at Licensee's expense, provided that such participation shall not derogate from OCLC'S sole control of the defense and negotiations for settlement or compromise of the claim. In the event that the Software becomes, or OCLC is advised by counsel that it is likely to become, the subject of an infringement claim, OCLC may, at OCLC's option, either secure for Licensee the right to continue using the Software, replace or modify the Software to make it noninfringing, or if none of the foregoing alternatives is reasonably available, discontinue provision of the potentially infringing Software. OCLC shall not have any liability for any claim of infringement to the extent based on the unauthorized alteration of Software by Licensee, a Third-Party or their respective agents or contractors. THE FOREGOING STATES THE ENTIRE LIABILITY OF OCLC, AND LICENSEE'S SOLE REMEDY WITH RESPECT TO INFRINGEMENT OF RIGHTS BY THE SOFTWARE.
B. To the extent permitted by the laws of the State in which Licensee is located, Licensee agrees to be responsible for all claims, damages, liabilities, costs and expenses (including reasonable attorneys' fees) and other payments arising or resulting from: (i) Licensee's breach of its warranties made in these Terms; and (ii) Licensee's failure to comply with or fulfill its obligations under these Terms.
C. Notwithstanding anything in this Agreement to the contrary, OCLC's obligation to indemnify Licensee shall not extend to claims, damages, liabilities, costs and expenses (including reasonable attorneys' fees) or other payments arising or resulting from: (i) Licensee's breach of the warranties it has made in these Terms; and (ii) any failure of Licensee to fulfill its obligations under these Terms.
10. TERM AND TERMINATION.
A. Licenses will commence upon delivery of the Software to Licensee and will continue indefinitely unless and until terminated by Licensee or OCLC in accordance with this Section 10.
B. Licensee may terminate its license rights under these Terms, without cause, at any time by notice to OCLC, provided that in the event of such termination, any license fees previously unpaid or then owed shall become immediately due and payable and Licensee shall not be entitled to a refund of any license fees.
C. In the event of material breach of these Terms, the nonbreaching party may, in addition to any other remedies that it may have, at any time terminate this Agreement by at least thirty (30) days prior notice to the breaching party specifying any such breach, unless within the period of such notice all breaches specified therein have been remedied.
D. The following Sections of these Terms shall survive expiration or termination for any reason: 3, 6, 7, 8, 9, 10.C, 10.D and 12.
11. MISCELLANEOUS PROVISIONS.
A, U.S. Government Rights. If acquired by an agency of the United States government, the Software is provided with Restricted Rights, and use is subject to restrictions as set forth in 48 CFR 52.227-14, DFARS 252.227-7014, and other applicable clauses. The contractor/manufacturer is OCLC Online Computer Library Center, Inc., 6565 Kilgour Place, Dublin, OH 43017
B. Neither these Terms nor any rights hereunder, in whole or in part, shall be assignable, sublicenseable or otherwise transferable by Licensee by operation of law or otherwise. OCLC may transfer or assign this Agreement or any rights or obligations under this Agreement upon thirty (30) days' written notice to Licensee. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
C. These Terms, including all Attachments hereto, are the complete and exclusive statement of the agreement between the parties concerning the subject matter hereof and may not be amended except by the written agreement of the parties. Any terms set forth on any Licensee purchase order or ordering document will not apply and are superseded by these Terms.
D. No waiver of any right or consent to any breach hereunder shall be effective unless in writing and signed by the party claimed to have waived or consented. No waiver of any right or consent to any breach shall constitute a waiver of any other right or consent to any other breach.
E. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio and the United States of America without regard to principles of conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods or any successor thereto does not apply to this Agreement.
F. Any notice of breach or termination under this Agreement shall be in writing, signed by the party giving notice, and shall be deemed properly given upon delivery into the mail of the country of the party giving notice, postage prepaid, registered or certified return-receipt-requested, or upon delivery to an established international courier (i.e., Federal Express, DHL, UPS), with a signature acknowledging receipt required, to the parties at the addresses set forth on the accompanying order form.
G. Neither party shall be liable for any failure or delay in performance under this Agreement (other than a delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused (a) by causes beyond that party's reasonable control and occurring without its fault or negligence, or (b) by the failure of the other party to substantially meet its performance obligations under this Agreement, provided that, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other party prompt written notice, specifying the cause of the delay, following the occurrence of the cause relied upon.
H. The provisions of this Agreement are to be deemed severable, and the invalidity or unenforceability of any provision shall not affect or impair the validity of the remaining provisions. In substitution for any provision held unlawful, there shall be substituted a provision of similar import reflecting the original intent of the parties hereto to the extent permissible under law.
I. All use of the Software shall be in full compliance with U.S. export regulations. Licensee shall serve as the importer and exporter of record for Software delivered to it by OCLC or accessed by it from outside the U.S., by electronic means or otherwise, and shall pay and/or comply with all applicable export and import laws, customs, regulations, tariffs, duties, and fees, and procurement, data and technology transfer laws. EZproxy contains encryption technology, and may not be exported or otherwise transferred to any country subject to a United States trade embargo (currently Cuba, Iran, North Korea, Sudan, or Syria). Licensee shall be responsible to OCLC for all costs and damages arising from any failure to meet its obligations hereunder. OCLC's obligations hereunder are contingent upon necessary export licenses being obtained from federal agencies of the U.S.
J. If the Software is being purchased by a Licensee serving as a group or consortium ("Group") on behalf of a number of institutions, then Licensee is accepting these terms and conditions on behalf of the entire Group, and Licensee warrants to OCLC that it has the authority to act on the Group's behalf. The Group, as well as each Authorized User, shall be bound by the terms and conditions herein for all use of the Software
12. ADDITIONAL INCLUDED LICENSES
1. This product includes GeoLite data created by MaxMind, available from http://www.maxmind.com.
2. Portions derived from the RSA Data Security, Inc. MD5 Message-Digest Algorithm, Copyright (C) 1991-2, RSA Data Security, Inc.
This product includes software developed by the OpenLDAP Foundation (http://www.openldap.org) and by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/). The OpenLDAP Public License Version 2.8, 17 August 2003
Redistribution and use of this software and associated documentation ("Software"), with or without modification, are permitted provided that the following conditions are met:
1. Redistributions in source form must retain copyright statements and notices,
2. Redistributions in binary form must reproduce applicable copyright statements and notices, this list of conditions, and the following disclaimer in the documentation and/or other materials provided with the distribution, and
3. Redistributions must contain a verbatim copy of this document.
The OpenLDAP Foundation may revise this license from time to time. Each revision is distinguished by a version number. You may use this Software under terms of this license revision or under the terms of any subsequent revision of the license.
THIS SOFTWARE IS PROVIDED BY THE OPENLDAP FOUNDATION AND ITS CONTRIBUTORS "AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OPENLDAP FOUNDATION, ITS CONTRIBUTORS, OR THE AUTHOR(S) OR OWNER(S) OF THE SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The names of the authors and copyright holders must not be used in advertising or otherwise to promote the sale, use or other dealing in this Software without specific, written prior permission. Title to copyright in this Software shall at all times remain with copyright holders.
OpenLDAP is a registered trademark of the OpenLDAP Foundation. Copyright 1999-2003 The OpenLDAP Foundation, Redwood City, California, USA. All Rights Reserved. Permission to copy and distribute verbatim copies of this document is granted.
The OpenSSL toolkit stays under a dual license, i.e. both the conditions of the OpenSSL License and the original SSLeay license apply to the toolkit. See below for the actual license texts. Actually both licenses are BSD-style Open Source licenses. In case of any license issues related to OpenSSL please contact firstname.lastname@example.org.
Copyright (c) 1998-2004 The OpenSSL Project. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software must display the following acknowledgment: "This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit. (http://www.openssl.org/)"
4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact * email@example.com.
5. Products derived from this software may not be called "OpenSSL" nor may "OpenSSL" appear in their names without prior written permission of the OpenSSL Project. *
6. Redistributions of any form whatsoever must retain the following acknowledgment:
"This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)"
THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. =================================================================================================
3. This product includes cryptographic software written by Eric Young (firstname.lastname@example.org). This product includes software written by Tim Hudson (email@example.com).
Original SSLeay License
Copyright (C) 1995-1998 Eric Young (firstname.lastname@example.org)
* All rights reserved. *
This package is an SSL implementation written by Eric Young (email@example.com). The implementation was written so as to conform with Netscapes SSL.
This library is free for commercial and non-commercial use as long as the following conditions are adhered to. The following conditions apply to all code found in this distribution, be it the RC4, RSA, lhash, DES, etc., code; not just the SSL code. The SSL documentation included with this distribution is covered by the same copyright terms except that the holder is Tim Hudson (firstname.lastname@example.org). Copyright remains Eric Young's, and as such any Copyright notices in the code are not to be removed. If this package is used in a product, Eric Young should be given attribution as the author of the parts of the library used. This can be in the form of a textual message at program startup or in documentation (online or textual) provided with the package. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software must display the following acknowledgement: "This product includes cryptographic software written by Eric Young (email@example.com)" The word 'cryptographic' can be left out if the routines from the library being used are not cryptographic related :-).
4. If you include any Windows specific code (or a derivative thereof) from the apps directory (application code) you must include an acknowledgement: "This product includes software written by Tim Hudson (firstname.lastname@example.org)" * THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. The licence and distribution terms for any publically available version or derivative of this code cannot be changed. i.e. this code cannot simply be copied and put under another distribution licence [including the GNU Public Licence.]
Typos in the third party terms that do not impact the substantive content or intent of such terms have been corrected by OCLC