1.1. “Contributor” means each entity that creates or contributes to the creation of Modifications.
1.2. “Contributor Version” means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.
1.3. “Covered Code” means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.
1.4. “Electronic Distribution Mechanism” means a mechanism generally accepted in the software development community for the electronic transfer of data.
1.5. “Executable” means Covered Code in any form other than Source Code.
1.6. “Initial Developer” means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.
1.7. “Larger Work” means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.8. “License” means this document.
1.9. “Modifications” means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is:
A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or previous Modifications.
1.10. “Original Code” means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.
1.11. “Source Code” means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or a list of source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor’s choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.
1.12. “You” means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, “You” includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, “control” means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise,
or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
2. Source Code License.
2.1. Source Code
The source code may not be modified in any way without written permission from JamesMaurer.com. Written permission is also required for commercial use. You may not sell this code or profit from installaion, support or other means.
You may use this product free of charge for personal use. Commercial use is also free but requires written permission from JamesMaurer.com.
3. Distribution Obligations.
3.1. Required Notices.
You must leave intact any reference to JamesMaurer.com, including but not limited to, graphics, links, icons and trademarks.
3.2. Distribution of Software, Compiled or Uncompiled.
You may not redistribute this software in any form without the permission of JamesMaurer.com.
3.3. Larger Works.
You may not create Larger Works using any part of this software or code wiithout first obtaining written permission from JamesMaurer.com.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this license with respect to some or all of the Covered Code due to statute or regulation then you must not use this software in any form.
5. Versions of the License.
5.1. New Versions.
JamesMaurer.com ("JamesMaurer.com) may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.
5.2. Effect of New Versions.
Once Covered Code has been published under a particular version of the License, Use must continue under the terms of the new version. JamesMaurer.com reserves the right to change this License at any time. It is your responsibility to stay current with this and any new version of the License.
No one other than JamesMaurer.com has the right to modify the terms applicable to Covered Code created under this License.
6. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU.
SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT JamesMaurer.com) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODEIS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
8. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY’S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
9. U.S. GOVERNMENT END USERS.
The Covered Code is a “commercial item,” as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by Michigan law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in, the United States of America: (a) unless otherwise agreed in writing, all disputes relating to this License (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration, with the losing party paying all costs of arbitration; (b) any arbitration relating to this Agreement shall be held in Muskegon County, Michigan and (c) any litigation relating to this Agreement shall be subject to the jurisdiction of the Federal Courts of Michigan, with venue lying in Muskegon County, Michigan, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
11. RESPONSIBILITY FOR CLAIMS.
You are responsible for damages arising, directly or indirectly, out of Your utilization of rights under this License. You
agree to work with affected parties to distribute responsibility on an equitable basis.
Software distributed under the License is distributed on an “AS IS” basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.