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Copyright (c) 1999-2000 Anonymizer Inc. |
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Copyright (c) 2000-2002 Ulf Moeller |
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Copyright (c) 2001-2002 Janis Jagars |
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Copyright (c) 2001-2004 Peter Palfrader |
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Copyright (c) 2001-2005 Len Sassaman |
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MIXMASTER LICENSE AGREEMENT |
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1. Grant of License. |
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Anonymizer Inc. grants you the following non-exclusive license for |
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the Mixmaster program and its associated documentation (the "Program"), |
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subject to all of the following terms and conditions: |
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a) You may use the Program, and copy and distribute verbatim copies |
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of the Program as you receive it, in any medium. |
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Local regulations may exist which limit your rights to distribute or |
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use cryptographic software. In certain jurisdictions, parts of this |
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software may be protected by patents. It is your responsibility to |
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obtain the appropriate licenses. |
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b) You may modify the Program or incorporate the Program or any |
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portion of it into other computer programs. You may copy and |
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distribute such modifications or work, provided that you: |
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(i) cause the modified Program to carry a prominent notice |
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stating that it has been modified, and cause the modified files |
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to carry notices stating that you changed the files and the |
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date of any change; |
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(ii) reproduce and include this Agreement, the copyright |
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notices and disclaimer of warranty on any copy; and |
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(iii) provide Anonymizer Inc. with a copy of the Source Code of |
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such modifications or work via electronic mail to the address |
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mixmaster@anonymizer.com, and grant Anonymizer Inc. a perpetual, |
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royalty-free license to use and distribute the modifications or |
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work in its products. |
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"Source Code" means the preferred form of a work for making |
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modifications to it, including all modules it contains, plus |
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any associated interface definition files, scripts used to |
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control compilation and installation of an executable. |
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c) Should Anonymizer Inc. be acquired by another entity, you: |
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(i) will grant to the acquiring entity the items in section |
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1.b.(iii) in leiu of Anonymizer, Inc.; |
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d) Should Anonymizer Inc. cease to exist, and no aquiring entity be |
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available to accept Source Code modifications, you: |
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(i) will grant Lance Cottrell the items in section 1.b.(iii) in leiu |
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of Anonymizer, Inc. |
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(ii) should Mr. Cottrell be deceased, section 1.b.(iii) of this |
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license will be rendered null and void. |
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e) In the case that the electronic mail address mixmaster@anonymizer.com |
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ceases to accept electronic mail, |
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(i) submission of changes to the Mixmaster project at SourceForge |
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will be accceptable; |
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(ii) if Mixmaster development is no longer hosted by SourceForge, |
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submission of changes to any open source repository similar to |
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SourceForge, or |
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(iii) submission to the Internet news group alt.privacy.anon-server |
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will be acceptable. |
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f) Submission of changes is required as a "best effort". If it is not |
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possible for you to access any of the notification locations, a notation |
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in the modified code stating that the modifications should be submitted by |
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any capable parties who subsequently make use of the modified code will |
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be acceptable in lieu of code submission. |
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2. Reservation of Rights. |
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No rights are granted to the Program except as expressly set forth |
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herein. You may not copy, modify, sublicense, or distribute the |
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Program except as expressly provided under this Agreement. Any |
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attempt otherwise to copy, modify, sublicense or distribute the |
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Program is void, and will automatically terminate your rights under |
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this Agreement. |
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3. DISCLAIMER OF WARRANTY. |
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BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY |
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FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE |
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PROGRAM IS PROVIDED ON AN ``AS IS'' BASIS, WITHOUT WARRANTY OF ANY |
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KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, |
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WARRANTIES THAT THE PROGRAM IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR |
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A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE |
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QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE |
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PROGRAM PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT ANONYMIZER INC. OR |
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ANY DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY |
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NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF |
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WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF THE |
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PROGRAM IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. |
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4. LIMITATION OF LIABILITY. |
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT |
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(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL ANONYMIZER INC. |
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OR ANY DEVELOPER OR ANY OTHER CONTRIBUTOR OR ANY SUPPLIER OF ANY OF |
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SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, |
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SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER |
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INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK |
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STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER |
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COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN |
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INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF |
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LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY |
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RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW |
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PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE |
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EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO |
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THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. |
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5. General. |
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This license represents the complete agreement concerning subject |
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matter hereof. If any provision of this Agreement is held to be |
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unenforceable, such provision shall be reformed only to the extent |
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necessary to make it enforceable. This Agreement shall be governed by |
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California law provisions (except to the extent applicable law, if |
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any, provides otherwise), excluding its conflict-of-law provisions. |
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The application of the United Nations Convention on Contracts for the |
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International Sale of Goods is expressly excluded. Any law or |
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regulation which provides that the language of a contract shall be |
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construed against the drafter shall not apply to this License. |