End User License Agreement & GNU General Public License
Trademarks
ShiningBot™ & Explore the hidden data™ are the trademark of ShiningBot Data Analytics (P) Ltd., India. All other trademarks, if any, belong to their respective owners.
Copyright Statement
Copyright © 2023.
ShiningBot Data Analytics (P) Limited (ShiningBot), India. All Rights reserved. The contents herein are subject to change by ShiningBot Data Analytics (P) Ltd. without prior notice. No part of this publication may be reproduced in any form or by any means or used to make any derivative such as translation, transformation, or adaptation without written permission from ShiningBot Data Analytics (P) Ltd., as stipulated under The Copyright Act, of the Republic of India.
Product License Agreement
CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF SHININGBOT DATA ANALYTICS (P) LIMITED (“SHININGBOT”). PRODUCT(S) AND ANY UPDATES THERETO (THE "PRODUCTS"), INCLUDING THE SOFTWARE CONTAINED IN THE PRODUCTS (THE "SOFTWARE") CONSTITUTES ACCEPTANCE BY YOU ("CUSTOMER" OR “END USER”) OF THESE PROVISIONS. SHININGBOT SHALL NOT BE BOUND BY ANY ADDITIONAL AND/OR CONFLICTING PROVISIONS IN ANY ORDER, RELEASE, ACCEPTANCE OR OTHER WRITTEN CORRESPONDENCE FROM CUSTOMER UNLESS EXPRESSLY AGREED TO IN A WRITING SIGNED BY THE DIRECTORS OR LEGAL COUNSIL OF SHINIGBOT DATA ANALYTICS (P) LIMITED. IF CUSTOMER DOES NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT, CUSTOMER SHALL PROMPTLY RETURN THE PRODUCTS TO THE LOCATION WHERE CUSTOMER OBTAINED THEM FOR A FULL REFUND WITHIN 7 (SEVEN) DAYS OF PURCHASE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT START THE INSTALLATION PROCESS OR DO NOT USE THE PRODUCT(S).
1. License Grant.
This is a license, not a sales agreement, between You, the end user and ShiningBot. The term "Firmware" includes all ShiningBot and third party Firmware and software provided to You as ShiningBot™, a ShiningBot Product, with the exception of any open source software contained in ShiningBot’s Products, which is set forth in detail in section 13 below, and includes any accompanying documentation, any updates and enhancements of the Firmware and software provided to You by ShiningBot, at its option. Subject to proper payment to ShiningBot, ShiningBot grants to You a non-transferable (except as provided in section 5 ("Transfer") and section 13 ("Open Source Software") below), nonexclusive license to use the Firmware and Software for your internal business purposes, in accordance with the terms set forth in this License Agreement. You agree not to assign or sublicense such license provided to You under the terms of the License Agreement, except as may be specifically permitted vide the terms of the License Agreement. The Firmware and software are "in use" on the Product when they are loaded into temporary memory (i.e. RAM) or its Management Dashboard portal access via its cloud servers.
Note: For evaluation Software and/or Products for which ShiningBot does not charge a fee, the payment requirement does not apply.
2. Limitation on Use.
You may not attempt and, if You are an organization, You will prevent your employees and contractors from attempting to, (a) modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, license, or distribute the Firmware or the accompanying documentation; (b) rent or lease any rights in the Firmware or software or accompanying documentation in any form to any person; (c) except as provided in section 5, transfer assign or sublicense right to any other person or entity, or (d) remove any proprietary notice, labels, or marks on the Firmware, software, documentation, and containers.
3. Proprietary Rights
All rights, title, interest, and all copyrights to the Firmware, software, documentation, and any copy made by You remain with ShiningBot. You acknowledge that no title to the intellectual property in the Firmware and software is transferred to You and You will not acquire any rights to the Firmware except for the license as expressly set forth herein.
4. Term and Termination.
Except for evaluation licenses, where the term is limited per the evaluation agreement, the term of the license is for the duration of ShiningBot’s copyright in the Firmware and software. ShiningBot may terminate this Agreement immediately without notice, if You breach or fail to comply with any of the terms and conditions of this Agreement. You agree that, upon such termination, You will at ShiningBot Data Analytics (P) Ltd.’s option either destroy all copies of the product documentation or return all materials to ShiningBot Data Analytics (P) Ltd. The provisions of this Agreement, other than the license granted in Section 1 ("License Grant"), shall survive termination.
5. Transfer
If you are a reseller or distributor of ShiningBot Products, you may transfer (not rent or lease) the Firmware or software to the end user on a permanent basis, provided that: (i) the end user receives a copy of this Agreement and is bound by its terms and conditions, (ii) you at all times comply with all applicable laws and regulations of the Republic of India, and (iii) you agree to refund any fees paid to you by an end user who purchased Product(s) from you but does not agree to the terms contained in this End User License Agreement and therefore wishes to return the Product (s) as provided for in this End User License Agreement.
6. Limited Warranty.
ShiningBot Data Analytics (P) Ltd. provides this limited warranty for its product only to the person or entity that originally purchased the Product from: ShiningBot Data Analytics (P) Ltd. or its authorized reseller or distributor. The warranty is only valid for Products which are registered on ShiningBot Data Analytics (P) Ltd.’s Product Management Portal Website: https://*.shiningbot.net/ (* Subject to applicable country where the product is purchased).
Registration must take place within 7 (seven) days of the purchase of the product and within 12 (twelve) months from the date the Product was originally shipped from ShiningBot Data Analytics (P) Ltd.’s facilities. Products which are not registered within this 12 month period will forfeit all warranty rights. The warranty starts on the date of Product registration on ShiningBot Data Analytics (P) Ltd.’s Management Portal or invoiced to you, whichever is earlier. All warranty claims must be submitted before the expiration of the warranty term, i.e. 1 (one) year from registration for hardware claims and ninety (90) days from registration for Software and spare parts and kits, claims.
One (1) Year Limited Hardware Warranty. ShiningBot Data Analytics (P) Ltd. warrants that the hardware portion of the ShiningBot Data Analytics (P) Ltd. Products described below ("Hardware") will be free from material defects in workmanship and materials for the period set forth as follows and applicable to the Product type (" Hardware Warranty Period"): One (1) Year Limited Warranty for the Hardware (excluding power adapter, spare parts, spare kits); Power adapter carries no warranty. Spare parts and spare kits: Ninety (90) days Limited Warranty. ShiningBot Data Analytics (P) Ltd.’s sole obligation shall be to repair or replace the defective Hardware at no charge to the original owner. This obligation is exclusive of transport fees, labour or installation costs, and any other cost which are not directly associated to the Product. Such repair or replacement will be rendered by ShiningBot Data Analytics (P) Ltd. at an authorized ShiningBot Data Analytics (P) Ltd. service facility. The replacement Hardware need not be new or of an identical make, model, or part; ShiningBot Data Analytics (P) Ltd. may, in its discretion, replace the defective Hardware (or any part thereof) with any reconditioned Product that ShiningBot Data Analytics (P) Ltd. reasonably determines is substantially equivalent (or superior) in all material respects to the defective Hardware. The Hardware Warranty Period for the repaired or replacement Hardware shall for the greater of the remaining Hardware Warranty Period or ninety days from the delivery of the repaired or replacement Hardware. If a material defect is incapable of correction, or if ShiningBot Data Analytics (P) Ltd. determines in its sole discretion, that it is not practical to repair or replace the defective Hardware, the price paid by the original purchaser for the defective Hardware will be refunded by ShiningBot Data Analytics (P) Ltd. upon return to ShiningBot Data Analytics (P) Ltd. of the defective Hardware. All Hardware (or part thereof) that is replaced by ShiningBot Data Analytics (P) Ltd., or for which the purchase price is refunded, shall become the property of ShiningBot Data Analytics (P) Ltd. upon replacement or refund.
Ninety (90) Day Limited Software Warranty. ShiningBot Data Analytics (P) Ltd. warrants that the software portion of the Product ("Software") will substantially conform to ShiningBot Data Analytics (P) Ltd.'s then current functional specifications for the Software, as set forth in the applicable documentation for a period of ninety (90) days ("Software Warranty Period"), if the Software is properly installed on approved hardware and operated as contemplated in its documentation. ShiningBot Data Analytics (P) Ltd. further warrants that, during the Warranty Period, the storage media on which ShiningBot Data Analytics (P) Ltd. delivers the Software will be free of physical defects. ShiningBot Data Analytics (P) Ltd.’s sole obligation shall be to replace the nonconforming Software (or defective media) with software that substantially conforms to ShiningBot Data Analytics (P) Ltd.’s functional specifications for the Software. Except as otherwise agreed by ShiningBot Data Analytics (P) Ltd. in writing, the replacement Software is provided only to the original licensee and is subject to the terms and conditions of the license granted by ShiningBot Data Analytics (P) Ltd. for the Software. The Warranty Period shall extend for an additional ninety (90) days after any replacement Software is delivered. If a material non-conformance is incapable of correction, or if ShiningBot Data Analytics (P) Ltd. determines in its sole discretion that it is not practical to replace the nonconforming Software, the price paid by the original licensee for the nonconforming Software will be refunded by ShiningBot Data Analytics (P) Ltd.; provided that the nonconforming Software (and all copies thereof) is first returned to ShiningBot Data Analytics (P) Ltd.. The license granted respecting any Software for which a refund is given automatically terminates.
7. Disclaimer of Other Warranties and Restrictions.
EXCEPT FOR THE LIMITED WARRANTY SPECIFIED IN SECTION 6 ABOVE, THE PRODUCT IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IF ANY IMPLIED WARRANTY CANNOT BE DISCLAIMED IN ANY TERRITORY WHERE A PRODUCT IS SOLD, THE DURATION OF SUCH IMPLIED WARRANTY SHALL BE LIMITED TO NINETY (90) DAYS. EXCEPT AS EXPRESSLY COVERED UNDER THE LIMITED WARRANTY PROVIDED HEREIN, THE ENTIRE RISK AS TO THE QUALITY, SELECTION AND PERFORMANCE OF THE PRODUCT IS WITH THE PURCHASER OF THE PRODUCT.
The above warranty does not apply if the Software, Product or any other equipment upon which the Software is authorized to be used (a) has been altered, except by ShiningBot Data Analytics (P) Ltd. or its authorized representative, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by ShiningBot Data Analytics (P) Ltd., (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; or (d) is licensed for beta, evaluation, testing or demonstration purposes for which ShiningBot Data Analytics (P) Ltd. does not charge a purchase price or license fee.
8. Governing Law
This End User License Agreement shall be governed by the laws of India, without reference to conflicts of law’s provisions, and you agree that all disputes arising out of or in connection with this End User License Agreement shall be subject to the exclusive jurisdiction of and venue in the courts within Chennai, TN, India and you irrevocably consent to the personal and exclusive jurisdiction and venue of these courts. In any event, this End User License Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. In all events the terms of this Agreement and the limitations of liability, disclaimers of warranties and other restrictions herein shall be enforced to the maximum extent permissible by applicable law.
9. Limitation of Liability.
TO THE MAXIMUM EXTENT PEMITTED BY LAW, SHININGBOT DATA ANALYTICS (P) LTD. IS NOT LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, INFRINGEMENT OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOSS OF USE OF THE PRODUCT, INCONVENIENCE OR DAMAGES OF ANY CHARACTER, WHETHER DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, COMPUTER SECURITY BREACH, COMPUTER VIRUS INFECTION, LOSS OF INFORMATION OR DATA CONTAINED IN, STORED ON, OR INTEGRATED WITH ANY PRODUCT RETURNED TO SHININGBOT DATA ANALYTICS (P) LTD. FOR WARRANTY SERVICE) RESULTING FROM THE USE OF THE PRODUCT, RELATING TO WARRANTY SERVICE, OR ARISING OUT OF ANY BREACH OF THIS LIMITED WARRANTY, EVEN IF SHININGBOT DATA ANALYTICS (P) LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOLE REMEDY FOR A BREACH OF THE FOREGOING LIMITED WARRANTY IS REPAIR, REPLACEMENT OR REFUND OF THE DEFECTIVE OR NONCONFORMING PRODUCT AS SPECIFICALLY STATED IN SECTION 6 ABOVE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO IMPLIED WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, APPLIES TO THE PRODUCT AFTER THE APPLICABLE PERIOD OF EXPRESS LIMITED WARRANTY STATED ABOVE, AND NO OTHER EXPRESS WARRANTY OR GUARANTEE, EXCEPT AS MENTIONED ABOVE.
10. Tax Liability.
You agree to be liable and responsible for the payment of all taxes imposed at any time whatsoever on this transaction.
11. Privacy
By entering into this Agreement, you agree and consent that ShiningBot Data Analytics (P) Ltd. may collect, retain and use personal information supplied, including name, address, and e-mail address of individuals, devices used to access the network, and payment details and other information of You and users of the product. Personal information will be used primarily to provide services and product functionality to end users. ShiningBot Data Analytics (P) Ltd. may also use personal information for additional communication, subject to an opt-out indication in writing not to accept such communications from ShiningBot Data Analytics (P) Ltd. and subject to applicable laws. ShiningBot Data Analytics (P) Ltd. may engage other companies and individuals to perform functions on its behalf, such as payment processing, order fulfilment, marketing programs and customer service. ShiningBot Data Analytics (P) Ltd. may share personal information with such subcontractors in order to perform these and other functions, but such subcontractors may not use your personal information for other purposes, unless you agree. By entering into this Agreement, you agree and consent to the transfer the supplied personal information to ShiningBot Data Analytics (P) Ltd.’s offices in India and elsewhere, for the purposes stated above. For more detailed information on the collection, use and transfer of your personal information, and for information on how to opt out of or unsubscribe from the communications described above, please read the ShiningBot Data Analytics (P) Ltd.’s privacy policy on the product management portal (www.shiningbot.net).
12. General Provisions.
Customer shall not assign this Agreement or transfer any of the rights or obligations under this Agreement without the prior written consent of ShiningBot Data Analytics (P) Ltd.. This Agreement shall be binding upon, and insure to the benefit of, the successors and permitted assigns of the parties. This Agreement will be governed by the laws of India, without regard to that body of law controlling conflicts of law. The United Nations Convention on Contracts for the International Sales of Goods is disclaimed. In the event of any claim arising out of this Agreement, the parties herby submit to the jurisdiction of the courts located in Chennai, TN, India, as applicable. This Agreement may be amended or supplemented only by a writing that refers explicitly to this Agreement signed on behalf of both parties. No waiver will be implied from conduct or failure to enforce rights nor effective unless in a writing signed on behalf of the party against whom the waiver is asserted. If any part of this Agreement is found unenforceable, that part will be enforced to the maximum extent permitted, the remainder shall continue in full force and effect. You acknowledge that you have read this Agreement, understand, it and agree to be bound by its terms and conditions. Hardware, including technical data, is subject to the laws of India, including the all the applicable laws and its associated regulations, and may be subject to export or import regulations in other countries. Customer agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licensed to export, re-export, or import hardware.
13. Open Source Software.
ShiningBot Data Analytics (P) Ltd.’s products may include software modules that are licensed (or sublicensed) to the user under the GNU General Public License, Version 2, of June 1991 (“GPL”) or GNU Lesser General Public License, Version 2.1, of February 1999 (“LGPL”) or other open source software licenses which, among other rights, permit the user to use, copy, modify and redistribute modules, or portions thereof, and may also require attribution disclosures and access to the source code ("Open Source Software"). The GPL requires that for any Open Source Software covered under the GPL, which is distributed to someone in an executable binary format, that the source code also be made available to those users. For any Open Source Software covered under the GPL, the source code is made available on CD or download package. If any Open Source Software licenses require that ShiningBot Data Analytics (P) Ltd. provide rights to use, copy or modify an Open Source Software program that are broader than the rights granted in this agreement, then such rights shall take precedence over the rights and restrictions herein. ShiningBot Data Analytics (P) Ltd. will provide, for a charge reflecting our standard distribution costs, the complete machine-readable copy of the modified software modules. To obtain a complete machine-readable copy, please send your written request, along with a check in the amount of INR 5,000.00, to General Public License Source Code Request, ShiningBot Data Analytics (P) Ltd., 97/55, Arcot Road, Kodambakkam, Chennai – 600 024, TN, India. In order to receive the modified software modules, you must also include the following information: (a) Name, (b) Address, (c) Telephone number, (d) E-mail Address, (e) Product purchased (if applicable), (f) Product Serial Number (if applicable). All open source software modules are licensed free of charge. There is no warranty for these modules, to the extent permitted by applicable law. The copyright holders provide these software modules “AS-IS” without warranty of any kind, either expressed or implied. In no event will the copyright holder for the open source software be liable to you for damages, including any special, incidental or consequential damages arising out of the use or inability to use the software modules, even if such holder has been advised of the possibility of such damages. A full copy of this license, including additional open source software license disclosures and third-party license disclosures applicable to certain ShiningBot Data Analytics (P) Ltd. products, may obtained by contacting ShiningBot Data Analytics (P) Ltd. office.
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
Preamble
The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Lesser General Public License instead.) You can apply it to your programs, too.
When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things.
To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it.
For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms, so they know their rights.
We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software.
Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations.
Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all.
The precise terms and conditions for copying, distribution and modification follow.
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you".
Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.
1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.
You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.
2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:
a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.
c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)
These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.
Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.
In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.
3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:
a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for non-commercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)
The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.
If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.
4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.
6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program 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 by third parties to this License.
7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.
It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.
This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.
9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.
10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.
NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.