END USER LICENSE TERMS
1. Definitions.
"Mark" means "Topicscape";
"Software" means the software called "Topicscape Pro" and "Topicscape Box Pro", and where the context requires shall include explanatory materials relating to the Software and Upgrades;
"Terms" means the terms and conditions contained herein;
"Upgrades" means upgrades, modified versions, updates and additions to the Software, if any, licensed to you by 3D-Scape;
"Use" or "Using" means to access, install, download, copy the Software or otherwise benefit from it;
"User" means a person who Uses the Software; and
"3-D Scape" means 3D-Scape Limited, a company incorporated under the laws of Hong Kong.
2. Software License. As long as you comply with these Terms, 3-D Scape grants to you a non-exclusive license to Use the Software.
2.1 Use. You may Use one copy of the Software on a computer system.
2.2 Backup copy. You may make one backup copy of the Software, provided it is not installed or used on any computer. You may not transfer the rights to a backup copy unless you transfer all rights in the Software under Section 4.
3. Intellectual Property Rights. The Software and any copies that you are authorized by 3-D Scape to make are the intellectual property of and are owned by or licensed to 3-D Scape. The Software is protected by copyright including without limitation the Copyright Ordinance under the laws of Hong Kong, international treaty provisions and applicable laws in the jurisdictions in which it is used. You agree not to copy the Software, except as set forth in Section 2; not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software; and not to modify, adapt or translate the Software. Any information supplied by 3-D Scape or obtained by you, as permitted hereunder, may not be disclosed to any 3rd party or used to create any software which is similar to the Software. The intellectual property rights of the Mark belongs to or is licensed to 3-D Scape and cannot be used by the User except for identifying the Software.
4. Transfer. You may not rent, lease, sublicense or authorize all or any portion of the Software to be copied unless expressly permitted herein. You may, however, transfer all your rights to use the Software to another person or legal entity provided that (a) you also transfer these Terms, the Software and all other software bundled or pre-installed with the Software, including all copies; (b) you retain no copies, including backups and copies stored on a computer; and (c) the receiving party accepts these Terms and all other terms and conditions upon which you legally purchased a license to the Software.
5. Disclaimer.
To the extent permitted by applicable laws, 3-D Scape:
5.1 disclaims all warranties with respect to the Software, either express or implied, including but not limited to any implied warranties relating to quality, fitness for any particular purpose or ability to achieve a particular result;
5.2 makes no warranty that the Software is error free or that its use will be uninterrupted and the User acknowledges and agrees that the existence of such errors shall not constitute a breach of these Terms;
5.3 does not give any warranty in respect of third party components or products incorporated in the Software.
6. Liability.
6.1 Save in respect of claims for death or personal injury arising from 3-D Scape's negligence, 3-D Scape's liability to the User under these Terms or for any cause whatsoever will be for direct costs and damages only and will be limited to the price paid by the User for the Software that is subject to the User's claim.
6.2 Under no circumstance shall 3-D Scape be liable for any damages resulting from loss of data or use, lost profits, loss of anticipated savings, nor for any damages that are an indirect or secondary consequence of any act or omission of 3-D Scape whether such damages were reasonably foreseeable or actually foreseen.
7. Trial Basis. If you are Using the Software on a trial basis, then you shall have a license to Use the Software for the number of days indicated in the materials accompanying the Software (the "Trial Period") from the date you install it, solely for the purpose of evaluating the Software to determine whether to purchase an ongoing license to the Software. At the end of the Trial Period, the Software will stop working. During the Trial Period, the Software is provided to you "as is" and your Use is entirely at your own risk.
8. Component software. The Software incorporates as separable libraries without modification various items of open source software, which are acknowledged hereunder:
* FreeType Team Portions of this software are copyright (c) 1996-2005 The FreeType Project [Website: http://www.freetype.org]. All rights reserved.
* PCF driver Copyright (c) 2000 by Francesco Zapper Nardelli [website: http://www.di.ens.fr/~zappa/pcfdriver.txt]
* Software developed by Borland Software Corp. [Website: http://info.borland.com/devsupport/interbase/opensource/]
* Software developed by Firebird Foundation Incorporated [Website: http://firebird.sourceforge.net/]
* Under the Apache license [Website: http://www.apache.org/]:
The following thirteen items are Licensed under the Apache License, Version 2.0 (the "Apache License") or an Appache-like license; You may obtain a copy of the Apache License at http://www.apache.org/licenses/LICENSE-2.0 and the Apache-like license at the respective websites as named. Unless required by applicable law or agreed to in writing, software distributed under the Apache License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the Apache License for the specific language governing permissions and limitations under the Apache License.
i. Lucene [website: http://lucene.apache.org/]
ii. Log4j [Webiste: http://logging.apache.org/log4j/docs/index.html]
iii. commons-codec-1.3.jar [Website: http://jakarta.apache.org/commons/license.html]
iv. commons-collections-3.2.jar [Website: http://jakarta.apache.org/commons/license.html]
v. commons-httpclient-3.0.1.jar [Website: http://jakarta.apache.org/commons/license.html]
vi. commons-io-1.2.jar [Website: http://jakarta.apache.org/commons/license.html]
vii. commons-lang-2.1.jar [Website: http://jakarta.apache.org/commons/license.html]
viii. commons-logging-1.1.jar [Website: http://jakarta.apache.org/commons/license.html]
ix. xercesImpl-2.6.2.jar [Website: http://xerces.apache.org/xerces2-j/index.html]
x. xmlParserAPIs-2.6.2.jar [Website: http://xerces.apache.org/xerces2-j/index.html]
xi. cybernekohtml-0.9.5.jar [Website: http://people.apache.org/~andyc/neko/LICENSE]
xii. htmlunit-1.10.jar [Website: http://htmlunit.sourceforge.net/license.html]
xiii. jaxen-1.1-beta-11.jar [Website: http://jaxen.org/license.html]
xiv. db-derby-10.3.2.1-src.zip [Website: http://db.apache.org/derby/]
* The following six items are Licensed under the GNU Library Public License [Website: http://www.gnu.org/]:
i. Fastutil [Website: http://fastutil.dsi.unimi.it/]
ii. Jaybird [Website: http://freshmeat.net/projects/jaybird/]
iii. Jcalendar [Website: http://flib.sourceforge.net/JCalendar/doc/]
iv. Trove [Website: http://trove4j.sourceforge.net/]
v. GL4Java [website: http://gl4java.sourceforge.net/]
vi. jericho-html-2.3.jar [Website: http://jerichohtml.sourceforge.net/doc/index.html]
The terms of the licenses for the above five components can be viewed at their respective websites and shall be deemed to be repeated hereunder. You undertake not to breach any of the terms of such licenses (including their amendments from time to time). vi. PDFBox [website: http://www.pdfbox.org/]
vii. FontBox [website: http://sourceforge.net/projects/fontbox/]
viii. AFM files [website: http://partners.adobe.com/]
HSQLDB is licensed under the license as follows: ORIGINAL LICENSE (a.k.a. "hypersonic_lic.txt")
For content, code, and products originally developed by Thomas Mueller and the Hypersonic SQL Group: Copyright (c) 1995-2000 by the Hypersonic SQL Group. 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 Hypersonic SQL Group 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 HYPERSONIC SQL GROUP, 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.
This software consists of voluntary contributions made by many individuals on behalf of the Hypersonic SQL Group. For work added by the HSQL Development Group (a.k.a. hsqldb_lic.txt): Copyright (c) 2001-2005, The HSQL Development Group 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 HSQL Development Group nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
The following two items are licensed under the W3C Software Notice and License [website: http://www.w3.org/Consortium/Legal/copyright-software-19980720]
i. sac.jar
ii. flute.jar
* The following item is Licensed under the Mozilla MPL
i. js-1.6R2.jar [website: http://www.mozilla.org/MPL/MPL-1.1.html]
* The following item is Licensed by Sun Microsystems, Inc. ("Sun")
i. mailapi.jar [website: https://sdlc3b.sun.com/ECom/EComActionServlet/DownloadPage:~:com.sun.sunit.sdlc.content.DownloadPageInfo
The terms of these licenses can be viewed at http://www.topicscape.com/OSSlicenses/ and in your installation directory at C:\Program Files\Topicscape (or other location that you may have directed the Topicscape installer to use) and shall be deemed to be repeated hereunder. You undertake not to breach any of the terms of such licenses (including their amendments from time to time).
3-D Scape has not caused any modification to be made to any of the open source software mentioned above and the Software merely links to the interfaces of the open source software mentioned.
In compliance with Clause 3.5 of the Interbase Public License and Initial Developer's Public License (Firebird License), we include the respective notices under such Licenses as follows:
(I) Interbase Public License
The contents of this file are subject to the Interbase Public License Version 1.0 (the "IB License"); you may not use this file except in compliance with the IB License. You may obtain a copy of the IB License at http://www.Interbase.com/IPL.html
Software distributed under the IB License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the IB License for the specific language governing rights and limitations under the IB License.
The Original Code was created by InterBase Software Corp and its successors.
Portions created by Borland/Inprise are Copyright (C) Borland/Inprise. All Rights Reserved.
(II) Initial Developer's Public License (Firebird)
The contents of this file are subject to the Initial Developer's Public License Version 1.0 (the "IDP License"); you may not use this file except in compliance with the IDP License. You may obtain a copy of the IDP License from the Firebird Project website, at http://www.firebirdsql.org/index.php?op=doc&id=idpl.
Software distributed under the IDP License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the IDP License for the specific language governing rights and limitations under the IDP License.
The Original Code is based on InterBase 6.01. The Initial Developer of that Original Code is Borland/Inprise.
Portions created by Borland/Inprise are Copyright (C) Borland/Inprise. All Rights Reserved.
Portions created by Firebird Foundation Incorporated are Copyright (C) Firebird Foundation Incorporated. All Rights Reserved.
Contributor(s): Firebird Foundation Incorporated.
** The CyberNeko Software License, Version 1.0
(C) Copyright 2002-2005, Andy Clark. All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. 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.
3. The end-user documentation included with the redistribution, if any, must include the following acknowledgment: "This product includes software developed by Andy Clark." Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear.
4. The names "CyberNeko" and "NekoHTML" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact andyc@cyberneko.net.
5. Products derived from this software may not be called "CyberNeko", nor may "CyberNeko" appear in their name, without prior written permission of the author.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED 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 AUTHOR OR OTHER 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.
** Copyright (c) 2002-2006 Gargoyle Software Inc. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. 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.
3. The end-user documentation included with the redistribution, if any, must include the following acknowledgment: "This product includes software developed by Gargoyle Software Inc. (http://www.GargoyleSoftware.com/)." Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear.
4. The name "Gargoyle Software" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact info@GargoyleSoftware.com.
5. Products derived from this software may not be called "HtmlUnit", nor may "HtmlUnit" appear in their name, without prior written permission of Gargoyle Software Inc.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED 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 GARGOYLE SOFTWARE INC. OR ITS 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.
** Copyright 2003-2006 The Werken Company. 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 Jaxen Project 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.
9. General Provisions. If any part of these Terms is found void and unenforceable, it will not affect the validity of the balance of these Terms, which shall remain valid and enforceable according to its terms. Upgrades may be licensed to you by 3-D Scape with additional or different terms. These Terms govern all aspects of the license relating to the Software and supercede any prior representations, undertakings, communications or advertising relating to the Software.
10. Governing laws. These Terms are governed by the laws of Hong Kong and the User submits to the non-exclusive jurisdiction of the Hong Kong courts.
11. U S Government End Users. The Software is a "commercial item" as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth therein.