Flip Mino

Software End User License Agreement

Cisco Products:

This product from Cisco Systems, Inc. or its subsidiary licensing the Software instead of Cisco Systems, Inc. ("Cisco") contains software (including firmware) originating from Cisco and its suppliers and may also contain software from the open source community.

Any software originating from Cisco and its suppliers is licensed under the Cisco Software License Agreement contained at Schedule 1 below. You may also be prompted to review and accept the Cisco Software License Agreement upon installation of the software.

Any software from the open source community is licensed under the specific license terms applicable to that software made available by Cisco at www.linksysbycisco.com/gpl, http://www.theflip.com/en-us/flipshare/thirdpartylicenses.aspx or as provided for in Schedule 2 below. By using the Software, You or the entity or company that You represent ("You") acknowledge that You have reviewed such license terms and that You agree to be bound by the terms of such licenses. Where such specific license terms entitle You to the source code of such software, that source code is available upon request at cost from Cisco for at least three years from the purchase date of this product and may also be available for download from www.linksysbycisco.com/gpl/. For detailed license terms and additional information on open source software in Cisco products please look at the Cisco public web site at: www.linksysbycisco.com/gpl/ or Schedule 2 below as applicable. If You would like a copy of the GPL or certain other open source code in this Software on a CD, Cisco will mail to You a CD with such code for $9.99 plus the cost of shipping, upon request.

THIS SOFTWARE END USER LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND CISCO. READ IT CAREFULLY BEFORE INSTALLING AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY CLICKING ON THE "I AGREE" BUTTON, DOWNLOADING, INSTALLING OR USING THE SOFTWARE, OR USING THE PRODUCT CONTAINING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN DO NOT CLICK ON THE "I AGREE" BUTTON AND DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. CISCO'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS.

In addition, if You access or otherwise use (including, without limitation, by uploading, posting, or otherwise disseminating videos from Your Cisco Product) any of Cisco's web sites (including, without limitation, theflip.com), You agree to all of the terms and conditions of the web sites including the "Terms of Use" located at http://www.theflip.com/en-us/terms.aspx as applicable and amended from time to time.

Software Licenses:

The software licenses applicable to software from Cisco are made available at the Cisco public web site at: http://www.theflip.com/en-us/flipshare/thirdpartylicenses.aspx and www.linksysbycisco.com/gpl/ respectively. For Your convenience of reference, a copy of the Cisco Software License Agreement and the main open source code licenses used by Cisco in its products are contained in the Schedules below.

Schedule 1
Cisco Software License Agreement

License. Subject to the terms and conditions of this Agreement and compliance therewith, Cisco grants You (provided You are the original end user purchaser of the Cisco Product including the Software) a personal, non-commercial, nontransferable, non-sublicensable, nonexclusive license to (i) use the Software and accompanying Documentation (each as defined below) for Your personal non-commercial use only, in object code form only, and only in accordance with the accompanying documentation; (ii) use the Software solely as embedded in, as a stand-alone application or (where authorized in the applicable documentation) for communication with such product, each solely at Cisco's discretion; (iii) if the Software is purchased separately from any Cisco Product, install the Software on personal computers within a single household or business location according to the maximum number of licenses You have purchased; and (iv) make one copy of the Software in machine-readable form and one copy of the Documentation, solely for backup purposes. This license may not be sublicensed, and is not transferable except to a person or entity to which You transfer ownership of the complete Cisco product containing the Software or complete Software product, provided You permanently transfer all rights under this Agreement and do not retain any full or partial copies of the Software, and the recipient agrees to the terms of this Agreement.

Service Access. Subject to the terms and conditions of this Agreement, Cisco may make available certain services through the use of the Software, as described more fully in the Software ("Services"), solely for Your own use, and not for the use or benefit of any third party. Services include, but shall not be limited to, any services Cisco performs for You relating to the transmission or routing of digital video or pictures, or otherwise. Cisco may change, suspend or discontinue the Software and Services at any time, including the availability of any feature, functionality, or content without notice or liability. Cisco may also impose limits on certain features and services or restrict Your access to parts or all of the Services without notice or liability. Cisco reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on its web site, www.theflip.com (the "Site"), or by sending You a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by You following such notification constitutes Your acceptance of the terms and conditions of this Agreement as modified.

"Software" includes, and this Agreement will apply to (a) the software of Cisco or its suppliers purchased separately or provided in or with the applicable Cisco product, and (b) any upgrades, updates, bug fixes or modified versions ("Upgrades") or backup copies of the Software supplied to You by Cisco or an authorized reseller (whether or not for a fee), provided You already hold a valid license to the original software and have paid any applicable fee for the Upgrade.

"Documentation" means all documentation and other related materials supplied by Cisco to You pursuant to this Agreement.

"Technology" shall mean the Software and Services collectively.

License Restrictions. Other than as set forth in this Agreement, You may not nor permit anyone else to, directly or indirectly (i) make, distribute, or, except in connection with the use of Your Cisco Product, copy the Software or its related Documentation, or electronically transfer the Software or Documentation from one computer to another or over a network; (ii) alter, merge, modify, adapt, decrypt or translate the Software or related Documentation, or decompile, reverse engineer, disassemble, or otherwise reduce or attempt to reduce the Software to a human-perceivable form (except to the extent expressly permitted by law notwithstanding this provision); (iii) share, sell, rent, lease, or sublicense the Software or related Documentation; (iv) modify the Software or create derivative works based upon the Software; (v) if You make a backup copy of the Software and Documentation, You must reproduce all copyright notices and any other proprietary legends found on the original Software and Documentation; (vi) use the Technology for management of a business network with more than 8 computers; (vii) use the Software under any circumstances for competitive evaluation, including developing competing software; (ix) to the extent permitted under applicable law, assign, sublicense or otherwise transfer the Technology unless the prospective assignee, sublicensee or transferee expressly agrees to all the terms and conditions under this Agreement.

The Technology and Documentation contain trade secrets and/or copyrighted materials of Cisco or its suppliers. You will not disclose or make available such trade secrets or copyrighted material in any form to any third party.

In the event that You fail to comply with this Agreement, the license granted to You will automatically terminate, at which time You must immediately (i) stop using the Technology, or (ii) uninstall the Software and destroy all copies of the Software and Documentation where the Technology is purchased separately. All other rights of both parties and all other provisions of this Agreement will survive this termination.

Ownership. The Technology and Documentation are licensed and not sold to You by Cisco and the relevant third parties set forth in Schedule 2. Cisco, its suppliers and its licensors respectively retain all ownership rights, intellectual property rights, title and interest in and to the Technology and Documentation, including all copyright and intellectual property rights, in and to the Software and Documentation and all copies, derivatives and portions thereof. All rights not specifically granted to You in this Agreement are reserved by Cisco and its licensors. Your use of any software product from an entity other than Cisco that may have been recommended by Cisco is governed by such software product's end user license agreement.

Intellectual Property; Content. As a condition to Your use of the Technology, You represent, warrant and covenant that You will not use the Technology:

  1. to infringe or violate the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party;
  2. to violate (or encourage the violation of) any applicable law, statute, ordinance or regulation;
  3. to disseminate, transfer or store information or materials in any form or format (your "Content") that are harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable or that otherwise violate any law or right of any third party;
  4. to disseminate Content that is an advertisement, solicitation, investment opportunity or other unsolicited commercial communication;
  5. to disseminate Content that is the confidential information of any third party without authorization from such third party to do so; or
  6. to disseminate any software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or violate the security of any computer network.

You represent and warrant that, with respect to all of your Content, (a) you have all the rights and licenses necessary to reproduce, disseminate (and otherwise exploit) such Content in connection with the Technology (and to grant to Cisco the licenses set forth below; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in such Content to use, reproduce or disseminate (and otherwise exploit) their name or likeness.

License to Cisco and Third Parties. You hereby grant to Cisco a non-exclusive, worldwide, perpetual, irrevocable, transferable, royalty-free license to use, reproduce, distribute, prepare derivative works of, display, and perform all of your Content, with the right of Cisco to grant sublicenses, in connection with Cisco's web sites and Cisco's (and its distributor's, agents', successor's and assigns') business. You also hereby grant each user of Cisco's web sites a non-exclusive license to access your Content through the web sites, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as may be permitted through the web sites' functionality. Cisco reserves the right to disable or block access to the Services or to the dissemination of any Content at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Cisco is concerned that You may have breached the immediately preceding sentence), or for no reason at all. You, not Cisco, remain solely responsible for all Content that You upload, post, e-mail, transmit, or otherwise disseminate using, or in connection with, the Technology. You acknowledge that all Content that You access using the Technology is at your own risk and You will be solely responsible for any damage to any party resulting therefrom. Further, You certify to Cisco that if You are an individual (i.e., not a corporation) You are at least 18 years of age or the age of majority as applicable by law in your state or province of residence. You also certify that You are legally permitted to use the Services and access the Content, and take full responsibility for the selection and use of the Services and access to the Content. This Agreement is void in its entirety in such jurisdiction where any provision of this Section is prohibited by law, and the right to use or access the Services is thereby revoked in such jurisdictions.

Sharing Content. You are solely responsible for submission of your videos and Content to third party web sites (including without limitation MySpace™ and YouTube™). You acknowledge and agree that You will comply with all relevant terms and conditions of such third party web sites and will ensure that such submission will not infringe any third party intellectual property or other rights. You will fully indemnify and hold harmless Cisco and its distributors and agents against all loss they suffer or incur as a result of your breach of this Section.

Copyright Dispute Policy. Please review Cisco's Copyright Dispute Policy at http://www.theflip.com/en-us/copyright.aspx if You believe that material or content residing on or accessible through the Technology infringes your copyright.

Third Party Services, Links and Advertising. Cisco may provide from within the Software links to web sites or third party software products. In addition, third party Services may be provided with the Software which may be subject to terms and conditions from the provider of the Service. Cisco makes no representations as to the quality, suitability, functionality, or legality of any sites or products to which links may be provided or third party Services, and You hereby waive any claim You might have against Cisco with respect to such sites or third party software products or Services. Your correspondence or business dealings with, or participation in promotions of third parties found through the Software and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such third party. You agree that Cisco is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party links, products or services in the Cisco Software, and Cisco may discontinue or modify the Services or links offered at any time.

Collection and Processing of Information. You agree that Cisco and/or its affiliates may, from time to time, collect and process information about Your Cisco product and/or the Software and/or Your use of either in order

  1. to enable Cisco to offer You Upgrades;
  2. to provide support and assistance with Your product and/or the Software;
  3. to ensure that Your Cisco product and/or the Software is being used in accordance with the terms of this Agreement;
  4. to provide improvements to the way Cisco delivers technology to You and to other Cisco customers;
  5. to provide reports regarding the status and health of the network, including network traffic and application usage;
  6. to enable Cisco to comply with the terms of any agreements it has with any third parties regarding Your Cisco product and/or Software; and/or
  7. to enable Cisco to comply with all applicable laws and/or regulations, or the requirements of any regulatory authority or government agency.

Cisco and/ or its affiliates may collect and process this information provided that it does not identify You personally. You agree that Cisco has no responsibility or liability for the deletion of or failure to store any data or other information related to Your Cisco product, Software or related Services.

EXCEPT AS OTHERWISE PROVIDED FOR IN THIS AGREEMENT, CISCO HAS NO OBLIGATION OF CONFIDENTIALITY OR (EXCEPT TO THE EXTENT REQUIRED BY THE APPLICABLE DATA PROTECTION LAWS) PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED USING THE TECHNOLOGY. Cisco will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on equipment, transmitted over networks accessed by the Technology, or otherwise connected with Your use of the Technology.

Your use of Your Cisco product and/or the Technology constitutes consent by You to Cisco's and/or its affiliates' collection and use of such information and, for Canada or European Economic Area (EEA) customers, to the transfer of such information to a location outside Canada or the EEA. Any information collected by Your Cisco product and/or the Software is done and utilized in accordance with our Privacy Policy available at http://www.theflip.com/privacy.aspx. Your election to use the Cisco product and/or Technology indicates Your acceptance and consent to Cisco's use of Your personal data in accordance with the terms of the Cisco Privacy Policy, so please review the policy carefully and check the web site above to review updates to it.

Support; Equipment. This Agreement does not entitle You to any support, upgrades, patches, enhancements, or fixes (collectively, "Support") for the Technology. Any such Support for the Technology that may be made available by Cisco, in its sole discretion, shall become part of the Technology and subject to this Agreement. You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Technology, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Technology.

Software Upgrades etc. If the Software enables You to receive Upgrades, You may elect at any time to receive these Upgrades either automatically or manually. If You elect to receive Upgrades manually or You otherwise elect not to receive or be notified of any Upgrades, You may expose Your Cisco product and/or the Software to serious security threats and/or some features within Your Cisco product and/or Software may become inaccessible. There may be circumstances where we apply an Upgrade automatically in order to comply with changes in legislation, legal, security or regulatory requirements or as a result of requirements to comply with the terms of any agreements Cisco has with any third parties regarding Your Cisco product and/or the Software. You will always be notified of any Upgrades being delivered to You. The terms of this license will apply to any such Upgrade unless the Upgrade in question is accompanied by a separate license, in which event the terms of that license will apply.

Changes to Browser Settings and Error Processing. By installing the Software, You acknowledge and agree that the Software may change certain settings in Your Internet browser software, including the default settings for search provider and source of DNS error pages and may direct erroneous URLs to an error landing page hosted by Cisco. You may opt out of these settings by not accepting them as part of the installation process or by requesting a change to Your Software settings in the error process. Installing the Software and changing these software settings may conflict with license agreements You have entered into with other entities, such as Your Internet service provider. Error queries that are libelous, slanderous, defamatory or that may violate the intellectual property rights of others may not be processed by Cisco or its suppliers.

Term and Termination. You may terminate this License at any time by destroying all copies of the Software and documentation. Your rights under this License will terminate immediately without notice from Cisco if You fail to comply with any provision of this Agreement.

Limited Warranty. Cisco additionally warrants that any CD-ROM on which the Software may be provided will be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original purchase. Your exclusive remedy and Cisco's entire liability under this limited warranty will be for Cisco, at its option, to (a) replace the Software media, or (b) refund the purchase price of the Software media.

EXCEPT FOR THE WRITTEN LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND PROVIDED IN YOUR CISCO PRODUCT PACKAGING WITH THE PURCHASE OF THE RELEVANT CISCO PRODUCT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SOFTWARE AND SERVICES PROVIDED BY CISCO ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. Without limiting the foregoing, Cisco does not warrant that the operation of the product, software or services will be uninterrupted, bug free or error free. Also, due to the continual development of new techniques for intruding upon and attacking networks, Cisco does not warrant that the product, software or services, or any equipment, system or network on which the product, software or services are used will be free of vulnerability to intrusion or attack. The product may include or be bundled with third party software or service offerings. This limited warranty shall not apply to such third party software or service offerings. This limited warranty does not guarantee any continued availability of a third party's service for which this product's use or operation may require.

CISCO DOES NOT AND CANNOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE TECHNOLOGY. YOU ARE SOLELY RESPONSIBLE FOR YOUR CONTENT AND CISCO SHALL NOT BE LIABLE FOR ANY LOSS, DESTRUCTION, DISTORTION OR REMOVAL OF ANY CONTENT. THIS SECTION CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT, AND THE FOREGOING DISCLAIMERS ALSO APPLY WITH RESPECT TO CISCO, THEIR DISTRIBUTORS, CONTRACTORS AND AGENTS. Further, Cisco has no special relationship with or fiduciary duty to You. You acknowledge that Cisco has no control over, and no duty to take any action regarding: which users gain access to the Technology; what Content You access via the Technology; what effects the Content may have on how You may interpret or use the Content; or what actions You may take as a result of having been exposed to the Content. You release Cisco from all liability for Your having acquired or not acquired Content through the Technology. The Technology may contain, or enable You to access, information that some people may find offensive or inappropriate. Cisco makes no representations concerning any content contained in or accessed through the Technology, and Cisco will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Technology.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THE WARRANTY PERIOD. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES ARE DISCLAIMED. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to You. This limited warranty gives You specific legal rights, and You may also have other rights which vary by jurisdiction.

Disclaimer of Liabilities. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL CISCO BE LIABLE FOR ANY LOST DATA, REVENUE OR PROFIT, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE), ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, SOFTWARE OR ANY SERVICES PROVIDED IN RESPECT OF SUCH PRODUCT OR SOFTWARE, EVEN IF CISCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL CISCO'S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. IF YOU LIVE IN THE EUROPEAN UNION, REFERENCES TO "SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES" SHALL MEAN ANY LOSSES WHICH

  1. WERE NOT REASONABLY FORESEEABLE BY BOTH PARTIES, AND/OR
  2. WERE KNOWN TO YOU BUT NOT TO US AND/OR
  3. WERE REASONABLY FORESEEABLE BY BOTH PARTIES BUT COULD HAVE BEEN PREVENTED BY YOU SUCH AS, FOR EXAMPLE (BUT WITHOUT LIMITATION), LOSSES CAUSED BY VIRUSES, TROJANS OR OTHER MALICIOUS PROGRAMS, OR LOSS OF OR DAMAGE TO YOUR DATA.

THE FOREGOING LIMITATIONS WILL APPLY WITH RESPECT TO CISCO, ITS DISTRIBUTORS, CONTRACTORS, AND AGENTS AND EVEN IF ANY WARRANTY OR REMEDY PROVIDED UNDER THIS LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THIS SECTION SHALL LIMIT THE LIABILITY OF CISCO OR ITS DISTRIBUTORS, CONTRACTORS OR AGENTS IN RELATION TO DEATH OR PERSONAL INJURIES CAUSED BY THEIR NEGLIGENCE.

Indemnity. You agree that Cisco and its distributors, partners (including, without limitation, video sharing partners), contractors and agents shall have no liability whatsoever for any use You make of the Technology or any Content that you create or disseminate in any manner. You shall indemnify and hold harmless Cisco and its distributors, partners (including, without limitation, video sharing partners), contractors and agents from any claims, damages, losses, liabilities, costs and fees (including reasonable attorney fees) arising from Your use of the Technology and/or Content as well as from Your failure to comply with any term of this Agreement.

Technical Support. This limited warranty is neither a service nor a support contract. Information about Cisco's current technical support offerings and policies (including any fees for support services) can be found at www.theflip.com.

Export. Software, including technical data, may be subject to U.S. export control laws and regulations and/or export or import regulations in other countries. You agree to comply strictly with all such laws and regulations.

U.S. Government Users. The Software and Documentation qualify as "commercial items" as defined at 48 C.F.R. 2.101 and 48 C.F.R. 12.212. All Government users acquire the Software and Documentation with only those rights herein that apply to non-governmental customers. Use of either the Software or Documentation or both constitutes agreement by the Government that the Software and Documentation are "commercial computer software" and "commercial computer software documentation," and constitutes acceptance of the rights and restrictions herein.

General Terms. This Agreement will be governed by and construed in accordance with the laws of the State of California, without reference to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. If any portion of this Agreement is found to be void or unenforceable, the remaining provisions will remain in full force and effect. Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this Agreement are material bargained for bases of this Agreement and that they are reasonable and have been taken into account and reflected in determining the consideration to be given by each party under this Agreement and in the decision by each party to enter into this Agreement. Cisco's distributors, contractors and agents are intended third party beneficiaries under this Agreement. This Agreement constitutes the entire agreement between the parties with respect to the Software and supersedes any conflicting or additional terms contained in any purchase order or elsewhere. Except as set forth in the above "License" Section or otherwise expressly provided under this Agreement, no amendment to or modification of this Agreement will be binding unless in writing and signed by Cisco and You.

Flip Video, FlipShare, Cisco and the Cisco Logo and other trademarks contained in the Software and Documentation are trademarks or registered trademarks of Cisco, its licensors and third parties, as the case may be. 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 and Documentation. This Agreement does not authorize You to use Cisco's or its licensors' names or respective trademarks.

Schedule 2
Open Source and Third Party Licenses

Schedule 2-A

If this Cisco product contains open source software licensed under Version 2 of the "GNU General Public License" then the license terms below in this Schedule 2-A will apply to that open source software. The license terms below in this Schedule 2-A are from the public web site at http://www.gnu.org/copyleft/gpl.html

GNU GENERAL PUBLIC LICENSE
Version 2, June 1991

Copyright (C) 1989, 1991 Free Software Foundation, Inc.
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA

Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

Preamble

The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Lesser General Public License instead.) You can apply it to your programs, too.

When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things.

To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it.

For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.

We protect your rights with two steps:

  1. copyright the software, and
  2. offer you this license which gives you legal permission to copy, distribute and/or modify the software.

Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations.

Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all.

The precise terms and conditions for copying, distribution and modification follow.

TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you".

Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.

1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.

You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.

2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:

  1. You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.
  2. You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.
  3. If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)

These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.

Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.

In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.

3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

  1. Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
  2. Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
  3. Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)

The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.

If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.

4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.

5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.

6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.

7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.

If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.

It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.

This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.

8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.

9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.

10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.

NO WARRANTY

11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Schedule 2-B

If this Cisco product contains open source software licensed under Version 2.1 of the "GNU Lesser General Public License" then the license terms below in this Schedule 2-B will apply to that open source software. The license terms below in this Schedule 2-B are from the public web site at http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html

GNU LESSER GENERAL PUBLIC LICENSE

Version 2.1, February 1999

Copyright (C) 1991, 1999 Free Software Foundation, Inc.
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

[This is the first released version of the Lesser GPL. It also counts as the successor of the GNU Library Public License, version 2, hence the version number 2.1.]

Preamble

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GNU LESSER GENERAL PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

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NO WARRANTY

15. BECAUSE THE LIBRARY IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE LIBRARY, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE LIBRARY "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LIBRARY IS WITH YOU. SHOULD THE LIBRARY PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

16. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE LIBRARY AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE LIBRARY (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE LIBRARY TO OPERATE WITH ANY OTHER SOFTWARE), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Schedule 2-C

OPENSSL LICENSE

If this Cisco product contains open source software licensed under the OpenSSL license:

This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit. (http://www.openssl.org/).

This product includes cryptographic software written by Eric Young (eay@cryptsoft.com).

This product includes software written by Tim Hudson (tjh@cryptsoft.com).

In addition, if this Cisco product contains open source software licensed under the OpenSSL license then the license terms below in this Schedule 2-C will apply to that open source software. The license terms below in this Schedule 2-C are from the public web site at http://www.openssl.org/source/license.html.

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 openssl-core@openssl.org.

OpenSSL License

Copyright (c) 1998-2007 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 openssl-core@openssl.org.
  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.

This product includes cryptographic software written by Eric Young (eay@cryptsoft.com). This product includes software written by Tim Hudson (tjh@cryptsoft.com).

Original SSLeay License

Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com)
All rights reserved.

This package is an SSL implementation written by Eric Young (eay@cryptsoft.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 (tjh@cryptsoft.com).

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 (eay@cryptsoft.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 (tjh@cryptsoft.com)"

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 license and distribution terms for any publicly available version or derivative of this code cannot be changed. i.e. this code cannot simply be copied and put under another distribution license [including the GNU Public License.]