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 capturing floppy disk based software should be provided to "the community" for free (free as in "free beer") to the greatest extent possible in order to facilitate digital preservation efforts. This licence enforces that 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. SPS technology covered by this license can be divided into two categories: 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 are 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). Licenses for commercial, government or academic use of KryoFlux can be applied for by contacting us at the email at the bottom of this license. 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 possession or distribution without a proper licence is breach of international copyright treaties. The IPF support library is covered by a separate license and is specifically excluded from the terms laid out in this license, available in the IPF support library distribution. You may notice that this licence is very strict in pursuit of getting the software into the hands of people who wish to use it for free. You can not distribute it without written permission, 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. 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 benefit financially are being restricted. Those people should negotiate an alternative license, which helps fund future development and our preservation activities. 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 following 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 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 simple rules. 1. CLARIFICATION. The software product and accompanying documentation (the program's object code, source code and documentation, explicitly excluding the file format definitions (e.g. but not limited to IPF, STREAM, DRAFT) included within, 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 ingested or 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 ingested, 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 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 affiliates 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 for backup purposes; c. inspect ("understand") the source code (if provided). SPS explicitly does not claim any ownership in the Content (the data) ingested by the user with the KRYOFLUX device. II. 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 therein. SPS explicitly does not claim any ownership in the Content (the data) processed by the user with the CTA software. 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; 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 license, 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. No distribution may include the totality or part of the Technology changed, unchanged, encrypted, archived, in whatever form, unless according to the Licence or special agreement with SPS. 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) 2001-2014 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) 2001-2014 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. 1.11 - 2014-02-04