Windows Toolbox Licence
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
This licence applies to The Windows Toolbox compilation of software provided by The Golden Ear. It does not cover derived versions of The Windows Toolbox provided by others. If you use the Windows Toolbox you must agree to the terms in the section entitled 'Licence for using The Windows Toolbox'. If you re-distribute The Windows Toolbox you must agree to the terms in the section entitled 'Licence for re-distributing The Windows Toolbox'.
The original (English) version of this licence specifies the actual distribution terms for the Windows Toolbox. Translations of this licence provide only a guide to understanding the licence, not a legal definition.
The terms of this agreement are set out at http://thegoldenear.org/toolbox/windows/licence.html and it is that version which takes precedence over this document to the extent of any inconsistency.
Contents
1.0 Copyright
All software and documentation contained on The Windows Toolbox is copyright of their respective
owners.
This product includes PHP, freely available from <http://www.php.net/>;
cryptographic software written by Eric Young (eay@cryptsoft.com);
software written by Tim Hudson (tjh@cryptsoft.com);
and software developed by the Apache Software Foundation
(http://www.apache.org/);
the OpenSSL Project for use in the OpenSSL Toolkit
(http://www.openssl.org/);
and the Politecnico di Torino, and its contributors.
2.0 Disclaimer of warranty
The Windows Toolbox is provided under this license on an "as is" basis, without warranty of any kind, either expressed or implied, including, without limitation, warranties that the The Windows Toolbox is free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the The Windows Toolbox is with you. Should any of the The Windows Toolbox prove defective in any respect, you (not the initial developer or any other contributor) assume the cost of any necessary servicing, repair or correction. This disclaimer of warranty constitutes an essential part of this license. No use of any covered code is authorized hereunder except under this disclaimer.
3.0 Limitation of liability
Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall the initial developer, any other contributor, or any distributor of The Windows Toolbox, or any supplier of any of such parties, be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if such party shall have been informed of the possibility of such damages. This limitation of liability shall not apply to liability for death or personal injury resulting from such party's negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so that exclusion and limitation may not apply to you.
4.0 Indemnity
As a user or re-distributor of The Windows Toolbox you agree to indemnify The Golden Ear and each of The Golden Ear's associates and hold each of them harmless against all claims which arise from any loss, damages, harm, injury, expense, work stoppage, loss of business information, business interruption, computer failure or malfunction, which may be suffered by you or any other party whatsoever as a consequence of:
any act or omission of The Golden Ear and/or any The Golden Ear associate, whether negligent or not;
your use and/or distribution of the Software; or
any other cause whatsoever, howsoever arising, in connection with the Software.
This clause is binding on your estate, heirs, executors, legal successors, administrators, parents and/or guardians.
5.0 Licence for using The Windows Toolbox
You may use The Windows Toolbox as provided by The Golden Ear under this licence agreement as long as you abide by these terms:
Each software application or document has its own licence defining the terms in which you can use it. Lawful usage of each software application or document is dependent upon your acceptance of those terms of their respective licences that apply within the country you reside.
Each software application usually either presents its licence to you upon installation or includes it in its documentation; documents usually include their licence in their introduction or footer. We have additionally tried to include licence agreements in seperate documents accompanying the software (in the 'docs' sub-directory of that software application or document's own directory) so as to make it even easier for you to acquaint yourself with their licence.
There's a summary of each software's licence in the list of included software (this is not a complete description of their licences, see their specific licences for exact details)Certain software included that contains encryption technology is subject to government export regulations by their country of origin that prevent that software being exported to some specific countries and/or persons. It is your responsibility to comply with local laws regarding import/export of software containing encryption technology
You must agree to our disclaimer of warranty, as described in this licence
You must agree to our limitation of liability, as described in this licence
You must agree to our statement of indemnity, as described in this licence
If you as a user of The Windows Toolbox do not or cannot agree to be bound by any or all of the terms of this section of the licence entitled 'Licence for using The Windows Toolbox', or if they are unenforceable, then you must not, at any time, use any of the software contained in The Windows Toolbox under this agreement
6.0 Licence for re-distributing The Windows Toolbox
You may re-distribute verbatim copies of The Windows Toolbox as provided by The Golden Ear under this licence agreement as long as you abide by these terms:
You must conform to the re-distribution restrictions of all software and documentation contained in The Windows Toolbox that you are re-distributing, as described in their respective licences
You must agree to our disclaimer of warranty, as described in this licence
You must agree to our limitation of liability, as described in this licence
You must agree to our statement of indemnity, as described in this licence
If you as a re-distributor of The Windows Toolbox do not or cannot agree to be bound by any or all of the terms of this section of the licence entitled 'Licence for re-distributing The Windows Toolbox', or if they are unenforceable, then you must not, at any time, re-distribute The Windows Toolbox under this agreement.
A wide variety of licences apply to you when re-distributing The Windows Toolbox - the individual licences of all software contained on The Windows Toolbox. All efforts have been made in identifying existing licences and negotiating specific licences with authors with the intention that you can legally re-distribute The Windows Toolbox by the methods described herein but no guarantee can be given that you are legally able to do this. If you are concerned as to your right to distribute the included software then you should consult the licence of each piece of software included. You are allowed to re-distribute the software on The Windows Toolbox if you keep within the following guidelines concerning the manner of re-distribution:
Re-distributing The Windows Toolbox in one or more of the following methods of re-distribution should ensure your conformance with all applicable licences:
('materials' means media, case, paper/card, ink and packing; 'donation' is intended to allow those wishing to (in whichever way they independently choose) to contribute toward the resources spent developing the Windows Toolbox; 'computer network' could be but is not limited to the Internet or intranet.)on appropriate media completely freely, either on its own or included with printed publications
on appropriate media for the reasonable cost of materials provided, plus postage and packing, either on its own or included with printed publications
on appropriate media for the reasonable cost of materials provided, plus a non-compulsary donation, either on its own or included with printed publications
as disc images freely downloadable over a computer network
Some software licences do state that either, they do not allow re-distribution; that we must ask for permission to re-distribute; have some other restriction we are unclear if we would be contravening; or have no published licencing terms. In these cases we have communicated or tried to communicate with their authors
In some cases we have received specific licencing terms. The details for all software falling into this category are these:
Associate - licence states "feel free to send it to your friends" which is a bit vague and doesn't state definitely something like 'you may distribute this software' - author said "As long as the rar (or zip) file is distributed as is, or all of it's contents have been extracted, i.e. at the minute that means both the executable and the read me file are available, then I am happy for any non-profit organisation to distribute 'Associate', or any of the other programs available on my web site, as part of a CD, such as the compilation CD that you are going to produce"
DVD Shrink - licencing terms state "2. The Licensor grants you the royalty-free right to reproduce and distribute this freeware as part of a CD-ROM to be enclosed with the print issue of any magazine, book or printed publication...". This excludes (1) distribution of DVDShrink on a compilation CD-ROM on its own, without an accompanying magazine etcetera; (2) distribution on DVD - the author says "Please accept this email as permission to distribute DVD Shrink as part of the "Windows Toolbox" software collection on CD, DVD, or any other media, both now and in the future, without further permission required, for as long as the terms concerning finance which you specified in prior email (below) remain valid"
DialUp-Meter - licence states "For sales, marketing and distribution inquiries please contact sales@hageltech.com" - author said "Yes, please include DU Meter in your CD-ROM collection"
Exact Audio Copy - licence states we must ask for permission to distribute it in any way other than privately - the author says "You have permission to include Exact Audio Copy 0.95pb4, 0.95pb5 and 0.95pb6 (soon) (unregistered) on your CD-ROM"
FireDaemon Lite - licence states we must ask permission to re-distribute it if we are making any kind of charge for distribution - author said "Permission granted to freely redistribute: FireDaemon Lite v1.5.1 GA[,] FireDaemon Lite v1.6 GA [and] FireDaemon v0.09c"
GSView - the following clauses concerned us: (1) "that all information on such media be redistributable for non-commercial purposes without charge"; (2) "that such media are distributed by themselves (except for accompanying documentation) independent of any other product or service"; (3) "An example of a distribution that does not fall under this section is a CD-ROM included in a book or magazine" - author said "If you are charging less than USD50, then you can include GSview in this collection"
GhostScript - the following clauses concerned us: (1) "that all information on such media be redistributable for non-commercial purposes without charge"; (2) "that such media are distributed by themselves (except for accompanying documentation) independent of any other product or service"; (3) "An example of a distribution that does not fall under this section is a CD-ROM included in a book or magazine" - author said "We are fully supportive of the intent of your organization. Your method of distribution sounds fine. Our concern is the other pieces of software on the CD. Is Ghostscript integrated with any other piece of software? "No". Then your proposed distribution looks OK. "Yes". If so, that software must also be distributed under the same license terms as Ghostscript, otherwise you'd need to obtain a commercial OEM license agreement from Artifex"
IP_Agent and Unplug'n'Pray from Steve Gibson / GRC - there is no licence available; the licencing restrictions for other GRC software (Id, TIP, IDServe, Leaktest and PatchWork) explicitly state they can be re-distributed - the author says "We would prefer that your users downloaded the various product directly from our servers so that we can maintain accurate download counts and so that they will always be receiving the latest versions whenever those change" and in clarification: "We would prefer you to use a link instead of the software itself . . . but, it's up to you"
ISOBuster - cannot find information as to whether it is allowed to be re-distributed - author said "You have my permission under following conditions : - No Serial, Key, Keygen, Crack or any other means to unlock the program can be distributed on the CD (medium), label, documentation, website or any other form of information exchange !! - Please send me a copy to [address removed]"
kX Audio driver and mixer from Eugene Gavrilov - licence states we must ask for permission to distribute them - author said "Permission is granted to include kX Audio Driver (the Software) by Eugene Gavrilov (the author) on the CD provided that the following conditions are met: the author of the Software is notified each time the disk collection is re-compiled (for instance, a new version of the Software is included); the author is informed on the planned number of CDs and possible channels of distribution; there's no additional fee charged for the CD except for its production [e.g. "CD+ink+paper+delivery"; donations are also allowed]. In case these conditions aren't met, the Software should NOT be re-distributed"
LIST Plus - we couldn't find information as to whether it is allowed to be re-distributed - the author says "You have my permission to distribute the shareware version of LIST Plus as you described" and "The shareware version of LIST Plus can be re-distributed [by anyone] as long as there is no charge, and all of the files are included"
MAXIDisk, FreeForm, MAXIForm and SMAX from Herne Data Systems Ltd. - their licences state that we must ask for permission to re-distribute them as part of a CD collection - their author said "You may distribute our software as you set out below. Please send us a copy of the CD for our records"
QuickSilver - licence states we must ask for permission to re-distribute it - author said "I wouldn't mind you distributing my program, but I have a few restrictions ... I would not want you to distruibute beta versions [and] I would like to see the downloading from my site as the primary method of adding/updating modules. The ones you place on CD would be a backup to be used in the case something happens to my site and that method is unavailable"
RASDial95 - cannot find any information as to whether it is allowed to be re-distributed - author said "You have my permission to distribute my RasDial 95 version 1.2 with your Windows Toolbox" and "Anybody can distribute RasDial 95 as well as the unregisterd version of RasDial Pro without approval from me"
RegMedic - licence that accompanies RegMedic implies that it can be re-distributed, however there appears to be a mistake in the documentation in the file VENDINFO.DIZ that possibly prevents it from being legally able to re-distribute RegMedic. The text refers to "Fast View" when presumably it should read 'RegMedic' ("...to distribute the Fast View, provided they convey a complete and unaltered..."_ - the author said "You may use RegMedic for your CD"
X-Setup Pro - licence restrictions (1) seem contradictory in that they claim "Private or non-commercial distribution is allowed, providing that no fee is charged, except for any fees necessary to cover the cost of distribution media" whilst also claiming "The user is specifically prohibited from charging"; (2) state "The user is specifically prohibited from ... distributing such copies with other products of any kind, commercial or otherwise, without prior written permission from XQDC Ltd." - author said "We grant you the permission of distributing X-Setup Pro 6.5 within your Window Toolbox. ... we allow you the use the final version 6.6" and "for now we give you the permission to distribute all minor 6.x versions of X-Setup Pro"
Some software we were unable to clarify whether we are able to re-distribute and allow others to re-distribute it on The Windows Toolbox but we believe we are legally able to do so. The details for all software falling into this category are these:
BinText, Patchit and ShoWin - Foundstone, Inc.'s licences require their permission to re-distribute; we received no response from them so are including Robin Keir's versions, whose licences state "Charging money for this program in any form, such as if it is placed on a CD as part of a collection is not permitted without the prior consent of the author.". We consider that charging on a not-for-profit basis, for the materials described in this licence, to not be considered "charging money". We received no response from Robin Keir.
RegBak - has nothing to state if it is allowed to be re-distributed; we contacted author at two email addresses, both of which no longer exist.
Certain software included that contains encryption technology is subject to government export regulations by their country of origin that prevent that software being exported to some specific countries and/or persons. It is your responsibility to comply with local laws regarding import/export of software containing encryption technology