The Software Preservation Society ("SPS") Licence Agreement (Licence, Copyright and Terms of Use) SPS technology is exclusively represented and licensed by KryoFlux Products & Services Limited, 80 Allington Way, Maidstone, ME16 0HN, United Kingdom ATTENTION: READ CAREFULLY: By using, copying, or distributing the accompanying software you indicate your acceptance of the following SPS Licence Agreement ("Agreement"). PREAMBLE The SPS philosophy dictates that the technology associated with allowing floppy disk based software to be contained in a preservable form should be provided to "the community" for free (free as in "free beer") to the extent possible. SPS technology can be divided into three major categories: IPF SUPPORT LIBRARY: This piece of code, usually delivered in the form of a dynamic link library, enables other products, e.g. emulators, to read IPF files. These files contain preserved and authentic disk data. The support library gives access to this data. The support library should be accessible by anyone free of charge. Usage in a commercial environment is permitted, although "use" explicitly does not include distribution or sales of this technology. This means that commercial products can make use of the library (be "enabled for use with"), but must ship without it. The end user can download it for free and install it for usage with the commercial product. Exclusions apply where a separate licensing agreement has been established. KRYOFLUX HIGH DEFINITION FLUX SAMPLER FOR USB: Preservation starts at the ingestion level. SPS therefore has developed a combination of hard and software targeted at software preservation called KryoFlux. KryoFlux software may be used for private, non-commercial purposes only. KryoFlux hardware schematics ar provided for private, non-commercial use as well. Therefore private users can decide to build a KryoFlux board on their own, as long as the board is used for private purposes only and as long as such boards are not being sold to others (this includes boards given away for any kind of compensation). CTA SOFTWARE PRESERVATION ANALYSER: This product is the core of SPS technology and is under constant development since 2001. The Analyser is used by SPS internally and also available as a commercial product for institutes, libraries, archives and museums. The Analyser is not free, it is commercial software. This means that posession or distribution without a proper licence is breach of international copyright treaties. No profit whatsoever should be made as a result of this technology as a whole with exception of the original copyright holders (in regard to distribution of data stored in IPF files), SPS and its affiliates. The SPS software, when speaking of "the library" or IPF files, should be thought of as an "enabler", a form of distribution. It is just as a ZIP file, just as an ADF file, just as your favourite writable CD ROM brand. The data or content held by these files or media is entirely the responsibility of you, the user. Ultimately, the SPS technology is just an abstract digital recording medium. This licence enforces this philosophy. It protects against misuse of a technology that has been a long time in development and is provided to the community or anyone else who would like to use it. It also intends to protect SPS itself from possible legal liability. You may notice that this licence is very strict in pursuit of getting it into the hands of people who wish to use it for free. You cannot charge to give it to somebody, not even for media costs. You cannot have it on a CD ROM that is distributed for payment. You cannot use it as part of providing a service that receives payment in any form. Original copyright holders that wish to distribute their content with the technology should contact SPS for a licence. Any source provided (if any) is for inspection, understanding and safe keeping only. This will ensure that data capture or stored with SPS technology can still be accessed in the future even if there is no successor or representative of SPS available. Infringement of any of the terms of this licence is breaching international copyright laws, but it also hurts the communities benefiting from the technology by risking its future improvement and availability. This licence was not produced for the fun of it, you should note that only those who could possibly financially or otherwise benefit from the product are being restricted. If you do not agree with any of the terms in this licence for the Technology then you are obviously free to choose not to use it. The latest version of this licence, libraries and imaging software can be found on the follwing sites: http://www.softpres.org http://www.kryoflux.com It is very easy to comply with this licence: Do not sell, modify or abuse the software or images and don't steal code from source provided. Learn, understand and write your own if you need to. Feel free to ask if you want to use something you can not create on your own. That's it. Everything else mentioned is here for those who may not understand these very simple rules. 1. CLARIFICATION. The software product and accompanying documentation (the program's object code, source code and documentation are collectively referred to as the "Technology") is a technology and does not imply any restrictions, warranty, licence, obligation or any other link or association with what it may contain (the data encapsulated by the Technology is referred to as the "Content"). Unless otherwise noted, The Software Preservation Society ("SPS") does not hold the copyright of the "Content", the data being reproduced, preserved, represented using the Technology. All copyright of Content provided using the Technology is held by its respective owners. Terms and conditions may apply to the Content that do not affect whatsoever the licence agreement provided with the Technology. 2. LICENCE. I. LICENCE for IPF SUPPORT LIBRARY SPS hereby grants you (each licensee is addressed as "you") a non-exclusive, non-transferable licence to use the Technology, on the following terms and only for private, non-profit purposes (see Section 3 below). You may: a. use the Technology on any computer in your possession; b. make copies of the Technology; c. inspect ("understand") the source code (if provided); and d. distribute the Technology (subject to the requirements of Section 3 and 4) only in the form originally furnished by SPS with no modifications whatsoever. However, the Technology may be distributed as part of another software product provided that the particular distribution that contains the Technology is provided for non-profit purposes as defined in Section 3 below. Making or distributing any for-profit distributions, versions, revisions or releases of said software product that contains the Technology is prohibited unless granted by a separate licence. II. LICENCE for KRYOFLUX HIGH DEFINITION FLUX SAMPLER software SPS hereby grants you a non-exclusive, non-transferable licence to use the Technology on the following terms and only for private, non-profit purposes (see Section 3 below) unless explicitly sold by SPS or its afiliates as a governmental, academic or commercial edition. You may: a. use the Technology on any computer in your possession; b. make copies of the Technology; c. inspect ("understand") the source code (if provided). III. LICENCE for CTA SOFTWARE PRESERVATION ANALYSER SPS hereby grants you a non-exclusive, non-transferable licence to use the Technology on the following terms (see Section 3 below). You may: a. use the Technology on only one computer in your possession at the same time; b. make up to three copies of the Technology for backup purposes. You explicitly MUST NOT distribute CTA's licensing device or the data stored thereon. 3. LIMITATIONS ON LICENCE. The licence granted in Section 2 is subject to the following restrictions: a. The Technology is to be used only for non-profit purposes unless you obtain prior written consent from SPS. Prohibited for-profit and commercial purposes include, but are not limited to: (i) Selling, licensing or renting the Technology to third parties for a fee (by payment of money or otherwise, whether direct or indirect); (ii) Using the Technology to provide services or products to others for which you are compensated in any manner (by payment of money or otherwise, whether direct or indirect), including, without limitation, providing support or maintenance for the Technology; (iii) Distribution or use from which any form of income is received regardless of profits therefrom, or from which any revenue or promotional value is received, as well as any distribution to or use in a corporate environment. Use of the Technology to promote or support a commercial venture is included in this restriction; (iv) Using the Technology in a governmental and / or educational institution or whole subsidiaries thereof; (v) Using the Technology to develop a similar application on any platform for commercial distribution, except to the extent this restriction is prohibited by applicable law; or (vi) Using the Technology in any manner that is generally competitive with a SPS product as defined by SPS, except to the extent this restriction is prohibited by applicable law. b. Media costs associated with the distribution of the Technology may not be recovered. You shall use your best efforts to promptly notify SPS upon learning of any violation of the above commercial restrictions. c. On each copy of the Technology you must conspicuously and appropriately reproduce this licence, copyright notice, and disclaimer of warranty; keep intact this Agreement and all notices that refer to this Agreement or any absence of warranty (whether written or interactively displayed); and give any other recipients of the Technology a copy of this Agreement. d. You may not modify, combine commercial applications with the Technology. You may not prepare derivative works of the Technology, except to the extent this restriction is prohibited by applicable law. Derivative works are defined as but not limited to: (i) Alternative support libraries. We are open to porting to other platforms, and so third parties doing such is unnecessary and violates the terms of this licence. If you want to port the library, please contact us. We will host it on our site and ensure that only the latest version is being distributed. (ii) Alternative tools that operate on files of the format as defined by the Technology. This includes but is not limited to: mastering tools (tools that enable Content to be written back to physical media like a floppy disk). Reproducing Content provided through or by the Technology to any other kind of media, such as alternative content provider technology (this also covers any kind of converter with the intention of extracting the Content to held by any other alternate media format that represents the same independently working Content). Additions, removals or other modification of data contained by the images. e. SPS, in its sole and absolute discretion, may have included a portion of the source code or online documentation of the Technology. Except for any such portions, you shall not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR OTHERWISE REDUCE ANY PORTION OF THE TECHNOLOGY TO ANY HUMAN PERCEIVABLE FORM, except to the extent this restriction is prohibited by applicable law. f. Commercial software (as defined in this section 3) may not contain any part of the Technology except for that part that is defined as the "access API" (the header files that allow interaction with the library itself, this is available separately from our site and has its own licence). This interface to the Technology "library" is provided is by us to enable the users of the commercial software to benefit from the Technology and still let the commercial software comply with this licence. In this way, the Technology itself need not (and should not) be distributed with a commercial product. The user should be advised that he can obtain this missing "plugin" from the SPS site and that it comes with its own licence that is not affected in any way by the licensc covering the commercial product. This otherwise does not effect the assertion that the Technology may not be used by commercial software as defined by this section 3. g. No distribution may include the totality or part of the Technology (including the Content encapsulated by the technology), changed, unchanged, encrypted, archived, in whatever form, unless according to the Licence or special agreement with SPS. h. Source code provided by SPS must not be redistributed. 4. DISTRIBUTION: As used in this Agreement, the term "distribute" (and its variants) includes making the Technology available (either intentionally or unintentionally) to third parties for copying or use, including providing timeshare access. Each time you distribute the Technology, the recipient must expressly agree to comply with these terms and conditions. The recipient automatically receives this licence to use, copy, or distribute the Technology 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 with this Agreement by recipients. 5. TITLE. Title, ownership rights, and intellectual property rights in and to the Technology, and each copy thereof (including all copyrights therein), shall remain in SPS. The Technology is protected by international copyright treaties. 6. NO SPS OBLIGATION. You are solely responsible for all of your costs and expenses incurred in connection with the distribution of the Technology, and SPS shall have no liability, obligation or responsibility therefor. SPS shall have no obligation to provide maintenance, support, upgrades or new releases to you or to any distributee of the Technology. 7. NO WARRANTY. THE SOFTWARE IS LICENSED FREE OF CHARGE, AND THERE IS NO WARRANTY FOR THE TECHNOLOGY. SPS PROVIDES THE TECHNOLOGY "AS IS," AND SPS, AND ALL OTHER PERSONS WHO HAVE BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE TECHNOLOGY, DISCLAIM ALL CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY CONDITIONS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS, QUALITY AND PERFORMANCE OF THE TECHNOLOGY IS WITH YOU AND YOUR DISTRIBUTEES. SHOULD THE TECHNOLOGY PROVE DEFECTIVE, YOU AND YOUR DISTRIBUTEES (AND NOT SPS) ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SPS MAKES NO WARRANTY OF NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. 8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL SPS, OR ANY OTHER PERSON WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE TECHNOLOGY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY CHARACTER ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE TECHNOLOGY, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF PROFITS, LOSS OF DATA, OUTPUT FROM THE TECHNOLOGY OR DATA BEING RENDERED INACCURATE, FAILURE OF THE TECHNOLOGY TO OPERATE WITH ANY OTHER PROGRAMS, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES OF WHATEVER NATURE, EVEN IF SPS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. 9. INDEMNIFICATION. You and your distributees shall defend, indemnify and hold harmless SPS, and all other persons who have been involved in the creation, production, or delivery of the Technology, from any claim, demand, liability, damage award, suit, judgement, or other legal action (including reasonable attorney's fees) arising out of your use, distribution, modification, or duplication of the Technology. 10. TERMINATION. The licence granted hereunder is effective until terminated by SPS. You may terminate it at any time by destroying the Technology. This licence will terminate automatically if you fail to comply with the limitations described above. On termination, you must destroy all copies of the Technology. The termination of your licence will not result in the termination of the licences of any distributees who have received rights to the Technology through you so long as they are in compliance with the provisions of this Agreement. 11. MISCELLANEOUS. This Agreement represents the complete agreement concerning this licence between the parties and supersedes all prior agreements and representations between them. It may not be amended. If any provision of this Agreement is held to be unenforceable for any reason, this Agreement shall terminate. The most current version of this licence is kept on the SPS web site. Due notice shall be given if ever the licence changes, then all versions of the Technology will be constrained by the newer licence. Any term of this Agreement which is, or is deemed to be, unlawful shall be ineffective only to the extent of such invalidity without rendering invalid the remaining terms hereof. This Agreement shall be construed and enforced with the same force and effect as if entered into and performed in England and Wales and shall, in all respects, be interpreted in accordance with, and governed by the laws of this country. Anything else not covered by this agreement must be agreed with us before any action can be taken by any party. Address all correspondence regarding this licence to: licensing@kryoflux.com Copyright and Trademark Notices: -------------------------------- The Technology is Copyright (c) 2001-2011 SPS and István Fábián under exclusive licence to KryoFlux Products & Services Limited. All rights reserved. The documentation and all computer files are also Copyright (c) 2001-2011 SPS and István Fábián under exclusive licence to KryoFlux Products & Services Limited. All rights reserved. These rights include but are not limited to any foreign language translations of the documentation or the Technology, and all derivative works of both. All other trademarks are the property of their respective owners. SPS - The Software Preservation Society http://www.softpres.org KryoFlux Products & Services Limited http://www.kryoflux.com rev. 1.07 - 2011-04-28