From bbd8795c2a9d33f70470016e02068f1b3fb5b03c Mon Sep 17 00:00:00 2001 From: dginovker Date: Tue, 24 Nov 2020 11:08:46 -0500 Subject: [PATCH] Added TOS -> AGPL --- site/terms/terms.html | 1287 ++++++++++++++++++++++++++++++----------- 1 file changed, 965 insertions(+), 322 deletions(-) diff --git a/site/terms/terms.html b/site/terms/terms.html index c2c307d90..ae1aa3b6e 100644 --- a/site/terms/terms.html +++ b/site/terms/terms.html @@ -1,359 +1,1002 @@ - - + + + + + + + - - - - - - - - - + - - - -RuneScape - MMORPG - The No.1 Free Online Multiplayer Game - - - + + + + + -$("#play, #playExisting, #playBannerNoad").each(function(){ this.href += "?j=1"; }) -}) - +
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Terms & Conditions

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+ Effective Date: 24th November, 2020 +

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+ Terms & Conditions +

+

+ TL;DR
+ All 2009scape Software is under the AGPL license. This means: +

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  • You may use it commercially
    • +
  • You may modify it
    • +
  • You may distribute it
    • +
  • You may not sublicense it
    • +
  • You must give credit
    • +
  • You must use the AGPL license
    • +
  • You must publish your source code
    • +
+

+ +

GNU AFFERO GENERAL PUBLIC LICENSE

+

Version 3, 19 November 2007

+ +

Copyright © 2007 Free Software Foundation, +Inc. <https://fsf.org/> +
+ Everyone is permitted to copy and distribute verbatim copies + of this license document, but changing it is not allowed.

+ +

Preamble

+ +

The GNU Affero General Public License is a free, copyleft license +for software and other kinds of works, specifically designed to ensure +cooperation with the community in the case of network server software.

+ +

The licenses for most software and other practical works are +designed to take away your freedom to share and change the works. By +contrast, our General Public Licenses are intended to guarantee your +freedom to share and change all versions of a program--to make sure it +remains free software for all its users.

+ +

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 +them 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.

+ +

Developers that use our General Public Licenses protect your rights +with two steps: (1) assert copyright on the software, and (2) offer +you this License which gives you legal permission to copy, distribute +and/or modify the software.

+ +

A secondary benefit of defending all users' freedom is that +improvements made in alternate versions of the program, if they +receive widespread use, become available for other developers to +incorporate. Many developers of free software are heartened and +encouraged by the resulting cooperation. However, in the case of +software used on network servers, this result may fail to come about. +The GNU General Public License permits making a modified version and +letting the public access it on a server without ever releasing its +source code to the public.

+ +

The GNU Affero General Public License is designed specifically to +ensure that, in such cases, the modified source code becomes available +to the community. It requires the operator of a network server to +provide the source code of the modified version running there to the +users of that server. Therefore, public use of a modified version, on +a publicly accessible server, gives the public access to the source +code of the modified version.

+ +

An older license, called the Affero General Public License and +published by Affero, was designed to accomplish similar goals. This is +a different license, not a version of the Affero GPL, but Affero has +released a new version of the Affero GPL which permits relicensing under +this license.

+ +

The precise terms and conditions for copying, distribution and +modification follow.

+ +

TERMS AND CONDITIONS

+ +

0. Definitions.

+ +

"This License" refers to version 3 of the GNU Affero General Public +License.

+ +

"Copyright" also means copyright-like laws that apply to other kinds +of works, such as semiconductor masks.

+ +

"The Program" refers to any copyrightable work licensed under this +License. Each licensee is addressed as "you". "Licensees" and +"recipients" may be individuals or organizations.

+ +

To "modify" a work means to copy from or adapt all or part of the work +in a fashion requiring copyright permission, other than the making of an +exact copy. The resulting work is called a "modified version" of the +earlier work or a work "based on" the earlier work.

+ +

A "covered work" means either the unmodified Program or a work based +on the Program.

+ +

To "propagate" a work means to do anything with it that, without +permission, would make you directly or secondarily liable for +infringement under applicable copyright law, except executing it on a +computer or modifying a private copy. Propagation includes copying, +distribution (with or without modification), making available to the +public, and in some countries other activities as well.

+ +

To "convey" a work means any kind of propagation that enables other +parties to make or receive copies. Mere interaction with a user through +a computer network, with no transfer of a copy, is not conveying.

+ +

An interactive user interface displays "Appropriate Legal Notices" +to the extent that it includes a convenient and prominently visible +feature that (1) displays an appropriate copyright notice, and (2) +tells the user that there is no warranty for the work (except to the +extent that warranties are provided), that licensees may convey the +work under this License, and how to view a copy of this License. If +the interface presents a list of user commands or options, such as a +menu, a prominent item in the list meets this criterion.

+ +

1. Source Code.

+ +

The "source code" for a work means the preferred form of the work +for making modifications to it. "Object code" means any non-source +form of a work.

+ +

A "Standard Interface" means an interface that either is an official +standard defined by a recognized standards body, or, in the case of +interfaces specified for a particular programming language, one that +is widely used among developers working in that language.

+ +

The "System Libraries" of an executable work include anything, other +than the work as a whole, that (a) is included in the normal form of +packaging a Major Component, but which is not part of that Major +Component, and (b) serves only to enable use of the work with that +Major Component, or to implement a Standard Interface for which an +implementation is available to the public in source code form. A +"Major Component", in this context, means a major essential component +(kernel, window system, and so on) of the specific operating system +(if any) on which the executable work runs, or a compiler used to +produce the work, or an object code interpreter used to run it.

+ +

The "Corresponding Source" for a work in object code form means all +the source code needed to generate, install, and (for an executable +work) run the object code and to modify the work, including scripts to +control those activities. However, it does not include the work's +System Libraries, or general-purpose tools or generally available free +programs which are used unmodified in performing those activities but +which are not part of the work. For example, Corresponding Source +includes interface definition files associated with source files for +the work, and the source code for shared libraries and dynamically +linked subprograms that the work is specifically designed to require, +such as by intimate data communication or control flow between those +subprograms and other parts of the work.

+ +

The Corresponding Source need not include anything that users +can regenerate automatically from other parts of the Corresponding +Source.

+ +

The Corresponding Source for a work in source code form is that +same work.

+ +

2. Basic Permissions.

+ +

All rights granted under this License are granted for the term of +copyright on the Program, and are irrevocable provided the stated +conditions are met. This License explicitly affirms your unlimited +permission to run the unmodified Program. The output from running a +covered work is covered by this License only if the output, given its +content, constitutes a covered work. This License acknowledges your +rights of fair use or other equivalent, as provided by copyright law.

+ +

You may make, run and propagate covered works that you do not +convey, without conditions so long as your license otherwise remains +in force. You may convey covered works to others for the sole purpose +of having them make modifications exclusively for you, or provide you +with facilities for running those works, provided that you comply with +the terms of this License in conveying all material for which you do +not control copyright. Those thus making or running the covered works +for you must do so exclusively on your behalf, under your direction +and control, on terms that prohibit them from making any copies of +your copyrighted material outside their relationship with you.

+ +

Conveying under any other circumstances is permitted solely under +the conditions stated below. Sublicensing is not allowed; section 10 +makes it unnecessary.

+ +

3. Protecting Users' Legal Rights From Anti-Circumvention Law.

+ +

No covered work shall be deemed part of an effective technological +measure under any applicable law fulfilling obligations under article +11 of the WIPO copyright treaty adopted on 20 December 1996, or +similar laws prohibiting or restricting circumvention of such +measures.

+ +

When you convey a covered work, you waive any legal power to forbid +circumvention of technological measures to the extent such circumvention +is effected by exercising rights under this License with respect to +the covered work, and you disclaim any intention to limit operation or +modification of the work as a means of enforcing, against the work's +users, your or third parties' legal rights to forbid circumvention of +technological measures.

+ +

4. Conveying Verbatim Copies.

+ +

You may convey 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; +keep intact all notices stating that this License and any +non-permissive terms added in accord with section 7 apply to the code; +keep intact all notices of the absence of any warranty; and give all +recipients a copy of this License along with the Program.

+ +

You may charge any price or no price for each copy that you convey, +and you may offer support or warranty protection for a fee.

+ +

5. Conveying Modified Source Versions.

+ +

You may convey a work based on the Program, or the modifications to +produce it from the Program, in the form of source code under the +terms of section 4, provided that you also meet all of these conditions:

-
- +

All other non-permissive additional terms are considered "further +restrictions" within the meaning of section 10. If the Program as you +received it, or any part of it, contains a notice stating that it is +governed by this License along with a term that is a further restriction, +you may remove that term. If a license document contains a further +restriction but permits relicensing or conveying under this License, you +may add to a covered work material governed by the terms of that license +document, provided that the further restriction does not survive such +relicensing or conveying.

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-Terms & Conditions -

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-If you were a resident of France when you created your account and you created your account on or after 20th August 2008, -click here -to view the Terms & Conditions which apply to you. -

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-If you were a resident of Germany when you created your account and you created your account on or after 14th February 2007, -click here -to view the Terms & Conditions which apply to you. -

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-If you were a resident of Brazil when you created your account and you created your account on or after 18th November 2008, -click here -to view the Terms & Conditions which apply to you. -

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However, if you cease all violation of this License, then your +license from a particular copyright holder is reinstated (a) +provisionally, unless and until the copyright holder explicitly and +finally terminates your license, and (b) permanently, if the copyright +holder fails to notify you of the violation by some reasonable means +prior to 60 days after the cessation.

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Effective Date: 19th January, 2010

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- -Terms & Conditions

-

- -Introduction
-This website is owned and operated by Jagex Limited ("Jagex"), a company registered in England and Wales (registered number 3982706). Our registered office is at St John's Innovation Centre, Cowley Road, Cambridge, CB4 0WS, United Kingdom. Our VAT number is 791 951 784.

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- -Definitions
-"Jagex Product(s)" is used as shorthand for our online games including all Jagex websites used to play those games.

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References to "Stopping" an account include all or any of: locking, temporarily or permanently banning, or temporarily or permanently muting the account. If your account is muted, you can continue to play but will not be able to use free text chat. If your account is banned, you will not be able to access your account at all. NB Membership credit continues to expire if accounts are muted or banned.

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- -Applicability
-Please read these terms and conditions carefully. Your accepting them in full is a condition of your use of a Jagex product (whether or not you subscribe). If you don't agree with any part, please don't accept them or use the Jagex product.

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If you have any questions about these terms and conditions, please contact us via email at and do not use the site until you are satisfied with and can accept these terms and conditions in full.

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- -Changes
-We may change these terms and conditions to reflect: changes in applicable laws; regulatory or security requirements; relevant guidance or codes of practice; technical alterations to Jagex Products; and to improve clarity and consistency. Please check the terms and conditions whenever you use a Jagex Product. If you are not a subscriber, we will treat your continued use of a Jagex Product as acceptance of these changes from their effective date as shown above. If you are a subscriber, we will treat you as bound by the changes on the first renewal date for your subscription after the effective date and so you should cancel your subscription (as explained below) before this renewal date if you don't like the proposed changes.

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- -A SPECIAL NOTE ABOUT PRETEENS AND USERS UNDER 18
-If you are under 13 you will be able to create an account but unable to disclose personal data through the game or website. If we find out that any personal data we have collected is from someone under 13, we will automatically delete it. We recommend that parents / guardians set up an account and play together with their children. Many parents have reported that playing Jagex Products as a family is fun and rewarding.

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If you are under 13 and subscribe to the members' version of our game you are representing (i.e. making a promise) that you have consent from your parents / guardian to use Jagex Products in accordance with our terms and conditions and privacy policy. We may Stop any account if we are not satisfied that such consent has been given.

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If you are under 18, by using our website you are representing (i.e. making a promise) that you have consent from your parents / guardian to use Jagex Products in accordance with our terms and conditions and privacy policy. We may Stop any account if we are not satisfied that such consent has been given.

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If we are told by a parent / guardian that their child has lied about their age when registering for Jagex Products, we will Stop the account provided we have information which satisfies us that the reporting person is indeed the parent or guardian.

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Parents can find more information about the game and how to contact us in the Parents' Guide.

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- -Safety / abuse
-Before using any Jagex Product you should read the guides found in our Safety & Security Guidelines. It is particularly important to read the Play Safely Guide and the -Health & Safety Guide. -Parents should review our safety materials in the Player Safety section of the Parents' Guide.

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Whilst we reserve the right to monitor and take action if any Jagex Product is used inappropriately (including the posting of objectionable material on the chat facility or otherwise), we cannot promise that any Jagex Product won't contain such content or that we will remove / modify any particular content. Nor can we guarantee that users will comply with our terms and conditions or otherwise behave appropriately.

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If you are the victim of offensive or inappropriate behaviour or receive any other unwanted communications, you should use the built-in facilities to block the messages. (See this article for guidance on blocking messages.) You should report all inappropriate behaviour to us via the in game "Report abuse" button as well as seeking appropriate external help, for example from parents or law enforcement authorities. If you continue to suffer problems, or are not satisfied, then you must stop using the relevant Jagex Product(s).

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- -Your account
-To use many features of Jagex Products, we require you to create an account. We grant valid account holders a non-exclusive, non-transferable license for the period of membership to use Jagex Products and to download and use our client software and connect to our servers solely to use Jagex Products in accordance with these terms and conditions.

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You must not choose a username that infringes the rights of any third party, impersonates Jagex staff or other users, which is deliberately confusing or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate or which breaches the username requirements specified on our site or our Rules of Conduct. We reserve the right to make such assessment in our sole discretion, change any username for any reason or take such other action as we believe appropriate.

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You agree to keep your password safe at all times and not to disclose it to any other person. You are responsible for the activities of all persons who use your password to gain access to your account. To help ensure the safety of your password, you must keep your computer free of viruses and other malicious code including Trojans. You must use your password in accordance with the password requirements specified on our site and our Rules of Conduct. Real Jagex staff will never ask you for your password. If you believe that someone has stolen your password or otherwise gained access to your account - submit an Account Recovery request via the Account Recovery link on the website of any Jagex Product. To see our guidance about password security and safety practices, please click here.

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- -Rules
-You must comply with the current version of any rules, guidelines, codes of conduct or instructions specified in any Jagex Product including our game rules, the current version of which is linked to here.

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- -Our rights
-If, acting reasonably, we consider that our Terms and Conditions have or may have been breached, or that there has been fraudulent, unlawful or abusive activity, or that it is necessary in order to prevent or stop any harm or damage to us, to any Jagex Product, to other players or the general public, we may Stop (as defined above) any or all accounts of Jagex Products which we think are connected with the offender subject to such right of appeal as is specified on our website and/or restrict access to or delete JCredits or anything acquired by means of JCredits. Such actions may result in loss of membership credit and/or loss of real money paid as part of any item / account trading or other prohibited transaction.

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To prevent or remedy breach of our Terms and Conditions or any harm or damage to us, to any Jagex Product or to other players or the general public , we may automatically or manually monitor, censor (including rejection or removal of any content) and/or record public or private chat or other activities in any Jagex Product.

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- -Intellectual property rights
-Jagex®, RuneScape® and FunOrb® are registered trade marks of Jagex Limited in the United Kingdom, the United States and other countries.

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You must not reverse-engineer, decompile or modify any Jagex Product client software in any way (except to the extent allowed by applicable law). You must not use a modified/customised version of the client software or attempt to sub-license it. You must not create or provide any other means by which any Jagex Product may be played by others (including, without limitation, replacement or modified client/server software, server emulators).

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Materials (including without limit all information, software, data, text, photographs, graphics, sound and video) placed on any Jagex Product by us or on our behalf are protected by copyright and other intellectual property rights of ourselves or our business partners / suppliers / advertisers. You may not use these materials or any Jagex Product except in accordance with these terms and conditions and for personal (i.e. non-commercial) use only.

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You agree that all intellectual property or other rights in any game character, account and items are and will remain our property.

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By posting chat or other materials on any Jagex Product, you grant us a non-exclusive, perpetual, worldwide, royalty free, worldwide license to use and/or modify such materials on any Jagex Product as we see fit.

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You agree that by submitting any material of any kind to us for any purpose connected with any Jagex Product (non-exhaustive examples are suggestions and ideas for any game or contributions to any Gallery page), you are giving us a non-exclusive, perpetual, worldwide, royalty-free license to use and/or modify the submitted materials as we see fit. You agree to waive any moral rights to the extent permitted by law and that you will not withdraw the submission or attempt to make a charge for its use. Furthermore you guarantee that you are the exclusive copyright holder in relation to the submission and that the submission in no way breaches the rights of any other person or entity.

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- -Subscription
-You need a subscription to use certain features of Jagex Products. If you apply for a subscription, you must ensure all the information that you submit is true and accurate (including without limit your credit card number and expiration date, and other payment details) and that you have appropriate parental or guardian consent as applicable. You agree to pay all subscription fees specified when you apply including all applicable taxes. Unless otherwise stated, all prices shown for EU countries include VAT.

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By submitting your order you are making an offer to subscribe to the relevant part of the Jagex Product(s). Your offer is accepted and a binding contract occurs when we send a message to your account mail inbox confirming that your payment has been received or if you log into a subscribers-only part of a Jagex Product (whichever comes first).

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All subscription payments will continue to be taken in advance at the relevant intervals (e.g. monthly in the case of monthly subscriptions) until you cancel your subscription (see below).

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Payments by credit cards are also subject to our credit card agreement which forms part of these terms and conditions.

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We reserve the right to alter the amount or terms of our subscription fees at any time. This will only apply to those who, following the change, take out new subscriptions or re-subscribe (their previous subscriptions having expired) and specifically agree to the new fees / terms.

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We reserve the right to charge you for any unauthorized use of your subscription by third parties.

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- -Cancellation by you
-You may cancel your subscription at any time by clicking here or selecting the "Cancel Subscription" link from the account management section on the website of any Jagex Product.

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Upon cancellation you will not be charged any further subscription fees. No payments already made will be refunded (wholly or partly) but you can of course use up any unused membership credit in the account.

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For important information about the legal cancellation rights of EU consumers, please click here.

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- -JCredits
-In certain of our games, we offer JCredits for sale or, in our discretion, as free promotions. JCredits can be redeemed (ie used) to acquire certain digital goods / services, which we describe below as "Items". If you obtain JCredits, you must check that they have been correctly credited to your account and tell us immediately if not.

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NB JCredits are subject to very important restrictions:

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JCredits expire and will be deleted if they have not been redeemed within a certain period after acquisition so you should redeem them as soon as possible. The expiry period is whatever we specify when you acquire the JCredits or, if we haven't specified a time limit, three months from acquisition.

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Unless we say otherwise on our website, JCredits can only be redeemed within the world of the game where you acquired them. We may at any time change or remove any or any type of Item for which JCredits can be redeemed as well as the amount of JCredits needed to acquire a particular Item. You may only redeem JCredits for Items on offer at the time of redemption.

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JCredits do not have any inherent value and they are not your own private property. You can only use them to acquire those Items which we decide in our discretion to offer in return for JCredits. We do not provide any cash or refunds for JCredits (except as required by law). JCredits are for your personal use only. You must not sell or transfer them or make them available to anyone else or attempt to do so or encourage anyone else to do any of these things.

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We may impose additional restrictions concerning the acquisition or redemption of JCredits. For example we may cap the amount of JCredits which can be acquired or held or redeemed in any particular period or we may impose restrictions based on your country of residence.

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We may restrict access to or delete JCredits or Items: (1) as outlined under "Our Rights" above; (2) if the JCredits were awarded in error; or (3) if a payment for JCredits is charged back or otherwise cancelled or reversed.

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We may at any time decide to end the entire JCredit program for all or any of our games. Before we delete the unused JCredits, we will endeavour to give you at least four weeks to redeem them.

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- -Privacy policy
-For a description of how we use your personal data, please see our Privacy policy.

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- -Functioning of Jagex Products
-We will do our best to maintain operation of Jagex Products and rectify faults as quickly as possible. We may have to suspend operation of a Jagex Product without notice for repair, maintenance, improvement or other technical reason. If so, we will do our best to ensure that the suspension is as short as possible. We cannot accept responsibility for such suspensions or for any interruption or error caused by circumstances outside our reasonable control.

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We cannot guarantee that Jagex Products will work with any particular computer equipment or in conjunction with any particular software or connectivity services. We do not accept responsibility for such equipment, software or services.

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- -Third parties
-Jagex Products may include links to internet sites or other technologies supplied by third parties including sites / technologies which enable you to pay by means of payment methods provided by third parties. We make no promises about those sites or their content, products or services as these are outside our reasonable control.

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- -OUR AND YOUR LEGAL RESPONSIBILITY
-WE DO NOT ACCEPT LEGAL RESPONSIBILITY FOR ANY LOSS OR DAMAGE CAUSED BY US OR OUR EMPLOYEES OR AGENTS IN CIRCUMSTANCES WHERE (A) THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY US OR BY ANY OF OUR EMPLOYEES OR AGENTS; (B) SUCH LOSS OR DAMAGE IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH BREACH; OR (C) SUCH LOSS OR DAMAGE RELATES TO A BUSINESS.

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YOU WILL BE LIABLE FOR ANY LOSS OR DAMAGE WE SUFFER ARISING FROM YOUR BREACH OF THIS AGREEMENT OR MISUSE OF A JAGEX PRODUCT.

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- -Transfer
-We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

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- -General
-Nothing in these terms and conditions affects your statutory rights as a consumer. Headings above are for guidance only and not binding. If we fail to enforce any provision of these terms and conditions, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. If any provision of these terms and conditions is found by a court to be invalid, we agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision and that other provisions remain in full force and effect. Except for clauses excluding or restricting our liability a person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. These terms and conditions are governed by English law and any dispute connected with them or Jagex Products will be decided only by the courts of the United Kingdom.

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- -Complaints
-If you are dissatisfied with this website or any aspect of it, please contact us via the forms on our website or write to our registered office above.

+

Moreover, your license from a particular copyright holder is +reinstated permanently if the copyright holder notifies you of the +violation by some reasonable means, this is the first time you have +received notice of violation of this License (for any work) from that +copyright holder, and you cure the violation prior to 30 days after +your receipt of the notice.

+

Termination of your rights under this section does not terminate the +licenses of parties who have received copies or rights from you under +this License. If your rights have been terminated and not permanently +reinstated, you do not qualify to receive new licenses for the same +material under section 10.

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9. Acceptance Not Required for Having Copies.

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You are not required to accept this License in order to receive or +run a copy of the Program. Ancillary propagation of a covered work +occurring solely as a consequence of using peer-to-peer transmission +to receive a copy likewise does not require acceptance. However, +nothing other than this License grants you permission to propagate or +modify any covered work. These actions infringe copyright if you do +not accept this License. Therefore, by modifying or propagating a +covered work, you indicate your acceptance of this License to do so.

- +

10. Automatic Licensing of Downstream Recipients.

- - +

A "contributor" is a copyright holder who authorizes use under this +License of the Program or a work on which the Program is based. The +work thus licensed is called the contributor's "contributor version".

+

A contributor's "essential patent claims" are all patent claims +owned or controlled by the contributor, whether already acquired or +hereafter acquired, that would be infringed by some manner, permitted +by this License, of making, using, or selling its contributor version, +but do not include claims that would be infringed only as a +consequence of further modification of the contributor version. For +purposes of this definition, "control" includes the right to grant +patent sublicenses in a manner consistent with the requirements of +this License.

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Each contributor grants you a non-exclusive, worldwide, royalty-free +patent license under the contributor's essential patent claims, to +make, use, sell, offer for sale, import and otherwise run, modify and +propagate the contents of its contributor version.

- - - \ No newline at end of file +

In the following three paragraphs, a "patent license" is any express +agreement or commitment, however denominated, not to enforce a patent +(such as an express permission to practice a patent or covenant not to +sue for patent infringement). To "grant" such a patent license to a +party means to make such an agreement or commitment not to enforce a +patent against the party.

+ +

If you convey a covered work, knowingly relying on a patent license, +and the Corresponding Source of the work is not available for anyone +to copy, free of charge and under the terms of this License, through a +publicly available network server or other readily accessible means, +then you must either (1) cause the Corresponding Source to be so +available, or (2) arrange to deprive yourself of the benefit of the +patent license for this particular work, or (3) arrange, in a manner +consistent with the requirements of this License, to extend the patent +license to downstream recipients. "Knowingly relying" means you have +actual knowledge that, but for the patent license, your conveying the +covered work in a country, or your recipient's use of the covered work +in a country, would infringe one or more identifiable patents in that +country that you have reason to believe are valid.

+ +

If, pursuant to or in connection with a single transaction or +arrangement, you convey, or propagate by procuring conveyance of, a +covered work, and grant a patent license to some of the parties +receiving the covered work authorizing them to use, propagate, modify +or convey a specific copy of the covered work, then the patent license +you grant is automatically extended to all recipients of the covered +work and works based on it.

+ +

A patent license is "discriminatory" if it does not include within +the scope of its coverage, prohibits the exercise of, or is +conditioned on the non-exercise of one or more of the rights that are +specifically granted under this License. You may not convey a covered +work if you are a party to an arrangement with a third party that is +in the business of distributing software, under which you make payment +to the third party based on the extent of your activity of conveying +the work, and under which the third party grants, to any of the +parties who would receive the covered work from you, a discriminatory +patent license (a) in connection with copies of the covered work +conveyed by you (or copies made from those copies), or (b) primarily +for and in connection with specific products or compilations that +contain the covered work, unless you entered into that arrangement, +or that patent license was granted, prior to 28 March 2007.

+ +

Nothing in this License shall be construed as excluding or limiting +any implied license or other defenses to infringement that may +otherwise be available to you under applicable patent law.

+ +

12. No Surrender of Others' Freedom.

+ +

If 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 convey a +covered work so as to satisfy simultaneously your obligations under this +License and any other pertinent obligations, then as a consequence you may +not convey it at all. For example, if you agree to terms that obligate you +to collect a royalty for further conveying from those to whom you convey +the Program, the only way you could satisfy both those terms and this +License would be to refrain entirely from conveying the Program.

+ +

13. Remote Network Interaction; Use with the GNU General Public License.

+ +

Notwithstanding any other provision of this License, if you modify the +Program, your modified version must prominently offer all users +interacting with it remotely through a computer network (if your version +supports such interaction) an opportunity to receive the Corresponding +Source of your version by providing access to the Corresponding Source +from a network server at no charge, through some standard or customary +means of facilitating copying of software. This Corresponding Source +shall include the Corresponding Source for any work covered by version 3 +of the GNU General Public License that is incorporated pursuant to the +following paragraph.

+ +

Notwithstanding any other provision of this License, you have permission +to link or combine any covered work with a work licensed under version 3 +of the GNU General Public License into a single combined work, and to +convey the resulting work. The terms of this License will continue to +apply to the part which is the covered work, but the work with which it is +combined will remain governed by version 3 of the GNU General Public +License.

+ +

14. Revised Versions of this License.

+ +

The Free Software Foundation may publish revised and/or new versions of +the GNU Affero 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 that a certain numbered version of the GNU Affero +General Public License "or any later version" applies to it, you have +the option of following the terms and conditions either of that +numbered version or of any later version published by the Free +Software Foundation. If the Program does not specify a version number +of the GNU Affero General Public License, you may choose any version +ever published by the Free Software Foundation.

+ +

If the Program specifies that a proxy can decide which future +versions of the GNU Affero General Public License can be used, that +proxy's public statement of acceptance of a version permanently +authorizes you to choose that version for the Program.

+ +

Later license versions may give you additional or different +permissions. However, no additional obligations are imposed on any +author or copyright holder as a result of your choosing to follow a +later version.

+ +

15. Disclaimer of Warranty.

+ +

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.

+ +

16. Limitation of Liability.

+ +

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING +WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS +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.

+ +

17. Interpretation of Sections 15 and 16.

+ +

If the disclaimer of warranty and limitation of liability provided +above cannot be given local legal effect according to their terms, +reviewing courts shall apply local law that most closely approximates +an absolute waiver of all civil liability in connection with the +Program, unless a warranty or assumption of liability accompanies a +copy of the Program in return for a fee.

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