Advanced Mouse Manager License
RealityRipple Software Commercial License
THIS SOFTWARE IS PROVIDED UNDER THE TERMS OF THIS LICENSE
("AGREEMENT"). ANY USE OR DISTRIBUTION OF THE PROGRAM
CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
"Author" means the creator of the Program, which in this case is
RealityRipple Software.
"Program" means the Software Distributed in accordance with this
Agreement.
"Recipient" means anyone who receives the Program under this Agreement.
"License Key" shall mean a series of characters designed to identify
a legitimate Recipient who has made a commercial purchase of the Program
Distributed under this Agreement.
"Contribution" means additions to the Program from a Contributor,
including translators or entities that submit code to the Author
for inclusion in the Program.
"Contributor" means any person or entity that provides additional
content to the Author for the purpose of inclusion in the Program.
Most often, a Contributor will mean a translator who provides
lingual translations of text used within the Program's interface.
"Distribute" means the acts of a) distributing or b) making available
in any manner that enables the transfer of a copy.
"Distributor" means anyone who Distributes copies of this software to
Recipients for any purpose.
"Source Code" means the form of a Program preferred for making
modifications, including but not limited to software source code,
documentation source, and configuration files.
"Derivative Works" shall mean any work, whether in Source Code or other
form, that is based on (or derived from) the Program and for which the
editorial revisions, annotations, elaborations, or other modifications
represent, as a whole, an original work of authorship.
"Modified Works" shall mean any work in Source Code or other form that
results from an addition to, deletion from, or modification of the
contents of the Program, including, for purposes of clarity any new file
in Source Code form that contains any contents of the Program. Modified
Works shall not include works that contain only declarations,
interfaces, types, classes, structures, or files of the Program solely
in each case in order to link to, bind by name, or subclass the Program
or Modified Works thereof.
2. GRANT OF RIGHTS
Subject to the terms of this Agreement, the Author hereby grants
Recipient a non-exclusive, worldwide, royalty-free copyright license to
reproduce, publicly display, and publicly perform tasks using this
Software. The Agreement allows the Recipient to make copies of the
Software for use by further Recipients. However, license keys may not
be distributed in the same manner, and may only be used on devices
legitimately owned by Recipients with legal claim to ownership of a
license, as provided by the Author. Source Code for the Program is
not available to Distributors or Recipients, and is the private property
of the Author alone. Additionally, any content provided by Contributors
which is included in the program by the Author must be provided without
license or implication of ownership. Ownership of any submitted material
passes to the Author of this Program.
Derivative and Modified Works as defined in Section 1 are not permitted
in any form. These granted rights shall terminate as of the date such
software is initially written, and any License Key provided shall be
voided, even at the expense of a legitimate Recipient of such a License
Key.
3. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibilities
with respect to end users, business partners and the like. While this
license is intended to facilitate the commercial use of the Program,
a Distributor who includes the Program in a commercial product
offering should do so in a manner which does not create potential
liability for the Author. Therefore, if a Distributor includes
the Program in a commercial product offering, such Distributor
("Commercial Distributor") hereby agrees to defend and indemnify the
Author against any losses, damages and costs (collectively "Losses")
arising from claims, lawsuits and other legal actions brought by a third
party against the Author to the extent caused by the acts or omissions
of such Commercial Distributor in connection with its distribution of
the Program in a commercial product offering. The obligations in this
section do not apply to any claims or Losses relating to any actual or
alleged intellectual property infringement. In order to qualify, the
Author will: a) promptly notify the Commercial Distributor in writing of
such claim, and b) allow the Commercial Distributor to control, and
cooperate with the Author in, the defense and any related settlement
negotiations. The Author may participate in any such claim at its own
expense.
For example, a Distributor might include the Program in a commercial
product offering, Package X. That Distributor is then a Commercial
Distributor. If that Commercial Distributor then makes performance
claims, or offers warranties related to Package X, those performance
claims and warranties are such Commercial Distributor's responsibility
alone. Under this section, the Commercial Distributor would have to
defend claims against the Author related to those performance claims and
warranties, and if a court requires any other Distributor to pay any
damages as a result, the Commercial Distributor must pay those damages.
4. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT
PERMITTED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN "AS IS"
BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF
TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. Each Recipient is solely responsible for determining the
appropriateness of using and distributing the Program and assumes all
risks associated with its exercise of rights under this Agreement,
including but not limited to the risks and costs of program errors,
compliance with applicable laws, damage to or loss of data, programs
or equipment, and unavailability or interruption of operations.
5. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT
PERMITTED BY APPLICABLE LAW, NEITHER AUTHOR, CONTRIBUTOR, NOR ANY
DISTRIBUTOR SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
WITHOUT LIMITATION LOST PROFITS), 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 OR
DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. GENERAL
If any provision of this Agreement is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability of
the remainder of the terms of this Agreement, and without further
action by the parties hereto, such provision shall be reformed to the
minimum extent necessary to make such provision valid and enforceable.
If Recipient institutes patent litigation against any entity
(including a cross-claim or counterclaim in a lawsuit) alleging that the
Program itself (excluding combinations of the Program with other software
or hardware) infringes such Recipient's patent(s), then such Recipient's
rights granted under Section 2 shall terminate as of the date such
litigation is filed.
All Recipient's rights under this Agreement shall terminate if it
fails to comply with any of the material terms or conditions of this
Agreement and does not cure such failure in a reasonable period of
time after becoming aware of such noncompliance. If all Recipient's
rights under this Agreement terminate, Recipient agrees to cease use
and distribution of the Program as soon as reasonably practicable.
However, Recipient's obligations under this Agreement and any licenses
granted by Recipient relating to the Program shall continue and survive.
This agreement is not designed to be copied and distributed, except to
the entities named within this agreement. RealityRipple Software
reserves the right to publish revisions to this Agreement. The Program
must always be Distributed subject to the the Agreement under which it
was received. In addition, after a new version of the Agreement is published,
a Distributor may elect to Distribute the Program under the new version.
Except as expressly stated in Section 2 above, no Contributor or
Recipient receives any rights or licenses to the intellectual property
of the Author under this Agreement, whether expressly, by implication,
estoppel or otherwise. All rights in the Program not expressly granted
under this Agreement are reserved. Nothing in this Agreement is intended
to be enforceable by any entity that is not an Author, a Contributor, a
Distributor, or a Recipient.
No third-party beneficiary rights are created under this Agreement.
This Agreement is governed by the laws of the State of California and
the intellectual property laws of the United States of America. No party
to this Agreement will bring a legal action under this Agreement more
than one year after the cause of action arose.