Simple Public License Version 0.24 READ THIS AGREEMENT CAREFULLY: "We" are only willing to license "our software" to "you" if you agree to and comply with all of the terms and conditions of this agreement. By accessing or using our software, you accept this agreement in its entirety. If you do not wish to be bound by this agreement, do not use our software. Terms with special meaning are quoted on first use and defined in Section 4. (1) DEPLOY, DISTRIBUTE, AND MODIFY OUR SOFTWARE You may "deploy" and "distribute" our software. You may "modify" our software provided that prior to any public or third party deployment you "electronically publish" your modified version, including all "source code". You grant the following irrevocable, worldwide, non-exclusive rights to your modified version: any recipient may use it under the terms of this agreement, and we may "adapt", deploy, distribute, and sublicense it. Your modification must not make the modified version "dependent on" other software, unless that other software is electronically published under a license which allows everyone to deploy and distribute it free of charge. Also, under any patent claim now or hereafter licensable by you which covers matter contained in your modification you grant a perpetual, worldwide, fully paid-up, non-exclusive patent license giving each recipient the right to make, have made, use, sell, offer to sell, import, and redistribute your modification only when contained within lawfully created adaptations of our software. (2) COMBINE OUR SOFTWARE WITH YOUR WORK You may combine an unmodified copy of our software as a whole, or a compiled version of it, with "additional code" to create a "combined work" which you may deploy. You may distribute the combined work provided the additional code has substantial functionality beyond that of the code it is combined with, and has been electronically published, including source code, under an "open software license". If you have received a combined work from someone else, you may deploy and distribute it. You may adapt the included copy of our software as permitted in Section 1, and you may adapt the additional code as permitted by its own license. Provided that your version of the additional code is a recognizable version of the original, you may recombine your version of our software with your version of the additional code to form a new combined work, which you may deploy and distribute. You don't have to disclose source code for your version of the additional code unless its own license requires you to do so. This section does not place restrictions or conditions on the additional code, but only regulates the way in which our software can be combined and distributed with other materials. (3) CREDIT US When you distribute a work that is subject to this agreement you must attach our copyright notices and a copy of this agreement, and credit us whenever the authors of the work are credited. (4) IMPORTANT DEFINITIONS For the purpose of this agreement, certain terms have been defined below and elsewhere in this agreement to encompass meanings that may differ from, or be in addition to, the normal connotation of the defined word. "We", "us", and "our" refer to the copyright owners of our software. "Our software" refers to the copyrighted work licensed under this agreement, including computer software, compiled code, source code, documentation, and any other materials distributed with it. "You" and "your" refer individually to each person or entity who has read and understood this agreement in its entirety, and who wishes to access our software under this agreement, To "deploy" computer software means to read, compile to executable form, execute, publicly display or perform, privately copy (including copying into computer memory), or archive the software. To "distribute" means to redistribute or transmit a work as a whole, including all of it, either by itself, or as part of an aggregate collection, to a third party. To "modify" software means to alter the literal program code, structure, sequence, or organization of the software, including without limitation alterations performed by patching, deleting, or replacing parts of the the software, no matter whether performed at the time of execution, or at some earlier time. To "electronically publish" means to redistribute or transmit a work to the general public through an electronic medium customarily used for software exchange, such as by email, public web sites, or publicly accessible source code repositories (for example: "CVS"). A fee may be charged to cover the cost of the electronic distribution itself only. "Source code" is the electronic form of a work preferred for making modifications to it, including without limitation human readable program code, comments, compilation scripts, interface definitions, patch files, schemas, definitions, and specifications. "Adapt" and "adaptation" include derivative works, adaptations, and translations under copyright law. Software is "dependent on" additional software if it has some functionality only when that additional software is present. For example, software depends on an operating system (OS) only if it can perform a function when used with that OS that it cannot perform when used with a different OS. "Additional code" is a work which does not include any material copied or adapted from our software. A "combined work" is a collective work which includes a copy of our software, or an adaptation of it, plus additional code. Our software and the additional code may be linked, deployed, and distributed together but they remain distinct and are independently licensed works. An "open software license" is any license approved by the Open Source Initiative (opensource.org), the Apache Software License (see apache.org), this agreement, or any later version of this agreement. (5) GENERAL TERMS AND CONDITIONS This agreement represents the entire agreement between us and you. You receive valuable consideration in the form of licenses and rights, we receive it in the form of credit and the rights to any modifications. Our software is copyrighted and licensed, not sold. We do not assign any copyrights, patents, or other intellectual property to you. You may not associate our name or our trademarks with any product, other than to credit us in accordance with Section 3. You shall not assert against us any claim for infringement or misappropriation of any right protectable under copyright, patent, or trade secret law in any way relating to our software, including any claims relating to modifications. Your rights and license under this agreement are worldwide and non-exclusive, but conditional upon your compliance with the terms of this agreement. Your rights and license (but not your obligations) shall terminate automatically if you fail to comply with any of the provisions of this agreement, or exceed the rights and license we have granted you. Upon such termination you must immediately cease all deployment and and distribution of our software. In addition to all other relief available to us for any failure to comply with this agreement, we shall be entitled to an injunction requiring you to comply. Nothing in this agreement shall be interpreted strictly against you or us. If any provision of this agreement is ruled invalid, the rest shall remain in effect, and the invalid provision shall be reformed to the minimum extent necessary to make it valid. If a new version of this agreement is published by Semiotek Inc. you may opt to use our software under the terms of the new version so published. (6) NO WARRANTY AND DISCLAIMER OF ALL LIABILITY Our software has been provided to you for free, with source code, but without support or maintenance of any kind: it may contain defects, and may not conform to its documentation. You should examine the source code, and prove to yourself that our software suits your needs, before using it. You must not deploy our software where there is any risk of death or personal injury. If you make our software, or an adaptation of it, accessible to a third party then you are solely responsible for any warranty provided, and agree to indemnify, hold harmless, and defend us against all losses, damages and costs arising from legal actions brought against us by such third parties. Our software is provided to you on an AS IS basis. WITHOUT LIMITATION, WE DISCLAIM ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR CONDITIONS OF FITNESS FOR A SPECIFIC PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT. IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS), EXEMPLARY, AND PUNITIVE DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF OUR SOFTWARE OR THE EXERCISE OF ANY RIGHT GRANTED HEREIN, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.