EKI One Evaluation License Agreement
This EKI One Evaluation License Agreement (this "Agreement") is a legal agreement among you (“the Licensee”) and MASA Group GmbH, a company incorporated in Germany, with its registered office at Neue Börsenstr. 6, 60487 Frankfurt, represented by its Managing Director Juan-Pablo Torres (“Licensor” or “MASA Group”).
BY ACTIVATING THE TICK-BOX AND ACCEPTING THIS AGREEMENT AND BY DOWNLOADING, INSTALLING AND/OR USING THE SOFTWARE ENTITLED “EKI ONE”, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS SOFTWARE EVALUATION LICENSE AGREEMENT (“AGREEMENT”). IF YOU DO NOT AGREE TO ANY TERM OR CONDITION, YOU MAY NOT INSTALL OR USE THIS SOFTWARE.
WHEREAS, MASA Group has developed the software “EKI One”, a software for the development of emotional and artificial intelligence for computer and video games;
WHEREAS, Licensee intends to use the software “EKI One” temporarily in order to test the exploitability, functionalities and/or the integration of this software into the Licensee’s own software products;
NOW THEREFORE, the Parties agree as follows:
1 General Scope of Application; Contract Subject Matter of the Agreement
1.1 This Agreement shall apply exclusively; any terms and conditions of the Licensee opposing to or deviating from this Agreement are not recognized by Licensor unless Licensor has given his explicit written consent. This Agreement shall apply only in dealings with entrepreneurs in the sense of Section 14 BGB (German Civil Code). Private consumers in the sense of Section 13 BGB are not entitled to use the software.
1.2 The subject matter of this agreement (“Agreement”) is the “EKI One” software as specified in Annex 1. The various functionalities included in the software, the specific features of the software and its conditions of application are set out in detail in Annex 1 as well. The “EKI One” software shall hereinafter be referred to as the “Licensed Software“.
1.3 The Licensed Software, which shall be provided as downloadable version and in object code only, shall be provided to Licensee together with the standard software documentation. The software documentation shall be rendered exclusively in English. The software source code is not part of the Licensed Software and no part thereof shall be provided to Licensee. MASA Group shall provide Licensee with a license key, which is required for the activation, and the contractual use of the Licensed Software.
1.4 Licensee shall install the Licensed Software itself and for its own account.
1.5 The third party software listed in Annex 2 is not part of the Contract Subject Matter and not governed by this Agreement. Such software is solely licensed under the license provisions set out in Annex 2. The Licensee acknowledges and agrees to observe such license terms at any time.
1.6 MASA Group provides Licensee with a Q&A help page. Additionally MASA Group uses reasonably efforts to answer technical questions which shall be sent to the following email address: support@ekione.com. MASA Group shall not be obliged to provide any services (e.g. consulting, implementation, training and/or maintenance services) or grant any licenses not expressly described herein. The Parties may only agree on the provision of such additional performance subject to remuneration in separate written agreements.
2 Granting of rights
2.1 MASA Group grants Licensee and its individual employees and contractors engaged in the use of the Licensed Software a non-exclusive, non-transferable, non-sublicensable right to use the Licensed Software in object code form, during the term of and for the purposes described in this Agreement only.
2.2 Licensee shall be entitled to use the Licensed Software only for internal test and evaluation purposes, in particular for integrating the Licensed Software temporarily into the Licensee’s own software, for internal evaluation and for internal demonstration and presentation purposes. For the avoidance of doubt, Licensee shall by no means be entitled to integrate the Licensed Software, either in whole or in part, permanently into its own software. In no event shall Licensee be entitled to use the Licensed Software for commercial purposes or for any other purposes which might have any public impact. In particular, Licensee shall by no means be entitled to market, advertise, dispose of or sell the Licensed Software either in whole or in part.
2.3 Licensee shall be permitted to reproduce the Licensed Software only to the extent as required for the contractual use of the Licensed Software. The required reproductions thus include the installation of the Licensed Software on the bulk storage of the applied hardware as well as loading it into the main memory. Furthermore, Licensee may reproduce the Licensed Software for safety backup purposes, but may not make more copies than absolutely necessary for this purpose. The backup copies may be used only for archiving purposes. Additional reproductions, which also include the output of the program codes on a printer and the copying of the software documentation or material parts thereof, are not permitted.
2.4 Licensee shall by no means be permitted to modify the Licensed Software or any parts thereof.
2.5 The reverse translation of the furnished program codes to other codes (decompilation) or other forms of reverse engineering of the different development stages of the Licensed Software shall be permitted only to the extent necessary in order to obtain the information required to render an independently developed computer program interoperable and where such information cannot be obtained otherwise. Licensee shall first request the required information from MASA Group against reimbursement of expenses.
2.6 Licensee shall not permit third parties (i.e. all third parties other than contractors engaged in the use of the Licensed Software) the use of the Licensed Software. In particular, Licensee shall not sell the Licensed Software to third parties, permit the use of the Licensed Software for a limited period of time, or lease or lend it to any third parties. Furthermore, the Licensee is not entitled to publicly perform the Licensed Software, nor to make it publicly available, and especially not to make it available to the public in a download version, freeware or open source version, nor to make it available in any other way, nor to market it. Prior to the destruction, the sale or other disposal of any machine readable storage media, data memory or data processing devices, Licensee shall fully and permanently delete the Licensed Software recorded on such media. The foregoing notwithstanding, Licensee may permit the use of the Licensed Software to such parties or persons that are fully subject to Licensor’s will and to conditions of use that are at least as restrictive as those imposed on the Licensee herein, subject to the condition that such parties or persons are not granted any independent license or other independent right to use the Licensed Software For the avoidance of doubt, this provision shall essentially apply to any employees of the Licensee. Any restrictions on multiple use of the Licensed Software shall expressly remain unaffected by the provisions of this Section 2.6.
2.7 In no event the Licensee shall be entitled to combine the Licensed Software with any open source software other than specified in Annex 2. In particular, the Licensee shall not be entitled to use the Licensed Software in any way that could cause an obligation to provide the source code of the Licensed Software and/or an obligation to license the Licensed Software under an open source software licenses (as listed on www.opensource.org/licenses).
2.8 Any further use of the Licensed Software by Licensee shall be subject to additional licenses. Each single instance of excess use shall be deemed to constitute a material violation of this Agreement, of which MASA Group shall be promptly notified in writing.
2.9 Licensee shall in no case remove, modify or obliterate any copyright notices, serial numbers or other markings serving the identification of the Licensed Software. This shall be applicable also to the suppression of any indication of respective notices and markings displayed on the screen.
2.10 Licensee acknowledges that MASA Group retains all ownership rights connected with the Licensed Software, including without limitation, all copyrights, trademark rights, and all other intellectual property rights. Licensee agrees to refrain from any action which would diminish such rights or would call them into question.
2.11 Licensee shall ensure that any contractor engaged in the use of the Licensed Software comply with the terms of this Agreement. Licensee shall be liable for its contractors according to Section 278 German Civil Code.
2.12 The right to use the Licensed Software, during the term and for the purposes described in this Agreement only, is free of charge.
3 Licensee’s Obligations; Confidentiality
3.1 Licensee shall be obliged to take appropriate measures to prevent the unauthorised access of third parties to the Licensed Software as well as to the software documentation.
3.2 Should any of the Licensee's employees, co-workers or vicarious agents violate MASA Group’s copyright in the Licensed Software, Licensee shall be obliged to use its best efforts in clearing up such violation of copyright, in particular to notify MASA Group immediately in writing of the respective violating acts.
3.3 Licensee shall be obliged to notify MASA Group immediately of any defects in the Licensed Software. In that context, Licensee shall forward to MASA Group any and all available information which is needed or helpful for the elimination of the respective defect.
3.4 The Parties undertake to treat as business secrets any confidential information and documents of the other Party which are deemed to be evidently confidential or have been identified as such by the relevant other Party.
3.5 In particular, Licensee shall treat any programs, codes and documentations provided by MASA Group as operational or business secret of MASA Group and refrain from disclosing them to any third party except in the event and to the extent that such disclosure is legally required.
3.6 Licensee’s employees shall be bound by the terms of this confidentiality clause.
3.7 In the event Licensee breaches any of its obligations set forth in Sections 3.4 and 3.5 above, MASA Group shall be entitled to claim a contractual penalty payment of € 5.000 per instance of breach. Any further contractual or statutory rights of MASA Group, in particular any right of termination, shall remain unaffected.
- 4. Term
4.1 This Agreement commences on date of signature and has a term of thirty (30) calendar days. For the avoidance of doubt, any rights granted hereunder, in particular Licensee’s right to use the Licensed Software pursuant to the provisions as set out in Section 2 shall automatically expire after thirty (30) calendar days from the date of signature.
4.2 This Agreement may not be terminated for convenience. The right of termination for good cause shall remain unaffected.
4.4 The following shall, without limitation, be considered good causes for MASA Group within the meaning of this provision:
a) Licensee is subject to any formal insolvency or analogous proceedings in Germany or is deemed to be insolvent under the laws of Germany;
b) Licensee commits a material breach of any of its obligations under this Agreement; in particular of its obligations as set out in Sections 2, 3 and 6, which is incapable of remedy.
4.5 On termination or expiration of this Agreement for any reason whatsoever any provision which expressly or by implication is intended to come into or remain in force on or after termination shall continue in full force and effect.
4.6 Any notice of termination shall be done in writing to become effective.
- 5. Warranty and Liability
5.1 During the term of this Agreement MASA Group grants no warranty (“Gewährleistung”) of any kind. The responsibility for defects is defined by Section 600 German Civil Code (Bürgerliches Gesetzbuch – BGB).
5.2 MASA Group shall be liable for intent (Vorsatz) and gross negligence (grobe Fahrlässigkeit) and the absence of a guaranteed feature only.
5.3 Licensee shall be liable for the regular back-up of its data. Should Licensee fail to do so, then in case of a loss of data, MASA Group shall be liable, within the limits of the preceding section, only for the costs of copying and reproducing such data that would also have been lost if regular back-ups had been made by Licensee.
5.4 The limitations of liability in accordance with Sections 5 above shall apply in meaning also in respect of MASA Group’s employees and agents.
5.5 This shall not affect liability under the Product Liability Law. A guarantee must be expressly indicated as “Guarantee” in order to be qualified as a guarantee in a legal sense.
- 6. Deletion Duty
6.1 Upon termination or expiration of this Agreement Licensee shall completely and definitely delete any and all copies of the Licensed Software and provide MASA Group upon its prior written request with a proof of such deletion.
6.2 Licensee expressively acknowledges that it is by no means entitled to continue the use of the Licensed Software after the termination or expiration of this Agreement and that any breach of such obligation would represent an infringement of MASA Group’s copyright.
- 7. Miscellaneous
7.1 Set-Off. Either Party shall be entitled to set off any claims only if its counterclaim is confirmed as legally valid or acknowledged by the other Party, or uncontested. Either Party shall be entitled to exercise any right of retention only to the extent that it concerns any rights arising from this Agreement.
7.2 No Assignment. The Parties shall be entitled to transfer any rights and duties under this Agreement only with the prior written consent of the relevant other Party.
7.3 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, however excluding its conflicts of laws principles and the CISG.
7.4 Legal Venue. The courts of the city of Frankfurt, Germany shall have exclusive jurisdiction in any legal dispute in relation to and resulting from this Agreement.
7.5 Language. The English language version of this Agreement shall be the only authoritative version, giving effect, however, to any German legal terms included in the text. Any translations of this Agreement shall be for informational and convenience purposes only.
7.6 Severability. Should any provision of this Agreement or a provision later on included in this Agreement be or become invalid as a whole or in part, or should a gap in this Agreement become evident, this shall not affect the validity of the remainder of the Agreement. The Parties shall be obligated within reasonable bounds and in good faith to replace the invalid provision or to fill the gap by a valid provision which most closely reflects the intended economic results without effectuating any material change of the contents of this Agreement.
© Copyright 2011 MASA Group GmbH
Annex 1 – Components of EKI One
- EKI One Engine (Base Technology – Runtime Library)
- EKI One Configurator (GUI – Graphical User Interface Including Help Pages)
- EKI One Content (Tutorials, Demonstration Projects and Templates)
- EKI One Windows Unity SDK (SDK for Integration of EKI One into Unity Projects)
Annex 2: Third Party Software
The Licensed Software contains the following separate files not covered by the Agreement. Such files have their own applicable license terms. These are listed below, along with details of how to find the exact license terms used.
ANTLR
ANTLR 3 License
[The BSD License]
Copyright (c) 2003-2008, Terence Parr
All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
* 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.
* Neither the name of the author nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "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 COPYRIGHT OWNER 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.
Boost
Boost Software License - Version 1.0 - August 17th, 2003
Permission is hereby granted, free of charge, to any person or organization obtaining a copy of the software and accompanying documentation covered by this license (the "Software") to use, reproduce, display, distribute, execute, and transmit the Software, and to prepare derivative works of the Software, and to permit third-parties to whom the Software is furnished to do so, all subject to the following:
The copyright notices in the Software and this entire statement, including the above license grant, this restriction and the following disclaimer, must be included in all copies of the Software, in whole or in part, and all derivative works of the Software, unless such copies or derivative works are solely in the form of machine-executable object code generated by a source language processor.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE,
ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Lua
Copyright © 1994-2008 Lua.org, PUC-Rio.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Luabind v.0.9.1
// Copyright (c) 2003 Daniel Wallin and Arvid Norberg
// Permission is hereby granted, free of charge, to any person obtaining a
// copy of this software and associated documentation files (the "Software"),
// to deal in the Software without restriction, including without limitation
// the rights to use, copy, modify, merge, publish, distribute, sublicense,
// and/or sell copies of the Software, and to permit persons to whom the
// Software is furnished to do so, subject to the following conditions:
// The above copyright notice and this permission notice shall be included
// in all copies or substantial portions of the Software.
// THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF
// ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
// TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
// PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT
// SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR
// ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN
// ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
// OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE
// OR OTHER DEALINGS IN THE SOFTWARE.
MOC
/******************************************************************************************
MOC - Minimal Ogre Collision v 1.0 beta - http://sourceforge.net/projects/moc-collision/
The MIT License
Copyright (c) 2008, 2009 MouseVolcano (Thomas Gradl, Karolina Sefyrin), Esa Kylli
Thanks to Erik Biermann for the help with the Videos, SEO and Webwork
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
THE SOFTWARE.
******************************************************************************************/
Ogre
OGRE (www.ogre3d.org) is made available under the MIT License.
Copyright (c) 2000-2009 Torus Knot Software Ltd
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
THE SOFTWARE.
PhysX
PhysX physics library. Copyright © 2003-2008 by NVIDIA Corporation
All rights reserved.
NVIDIA Cg. Copyright (c) 2002-2008 NVIDIA Corporation
All rights reserved.
No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND NVIDIA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
No Liability for Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NVIDIA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Qt
Find QT Third Party License here
Recast
Copyright (c) 2009 Mikko Mononen memon@inside.org
This software is provided 'as-is', without any express or implied
warranty. In no event will the authors be held liable for any damages
arising from the use of this software.
Permission is granted to anyone to use this software for any purpose,
including commercial applications, and to alter it and redistribute it
freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not
claim that you wrote the original software. If you use this software
in a product, an acknowledgment in the product documentation would be
appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be
misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
Scintilla and SciTE
License for Scintilla and SciTE
Copyright 1998-2003 by Neil Hodgson <neilh@scintilla.org>
All Rights Reserved
Permission to use, copy, modify, and distribute this software and its
documentation for any purpose and without fee is hereby granted,
provided that the above copyright notice appear in all copies and that
both that copyright notice and this permission notice appear in
supporting documentation.
NEIL HODGSON DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS
SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS, IN NO EVENT SHALL NEIL HODGSON BE LIABLE FOR ANY
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE
OR PERFORMANCE OF THIS SOFTWARE.
TinyXML
This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software.
Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
