OptimSys Public License Agreement (version 1.2)

THIS LICENSE AGREEMENT is made and entered into

BY AND BETWEEN:
OptimSys, s.r.o.
Domovina 752/8
77900 Olomouc
Czech Republic
(hereinafter referred to as "Licensor")

AND:
you - either an individual or a single entity
(hereinafter referred to as "You", "Your").

This Agreement is a legal document between You and Licensor. IT IS IMPORTANT THAT YOU READ THIS DOCUMENT BEFORE USING ANY PORTION OF THE SOFTWARE PACKAGE PROVIDED BY LICENSOR. By installing, or otherwise using any portion of the Licensor's Software Package, You agree to be bound by the terms of this Agreement. You agree that this Agreement is enforceable like any written agreement negotiated and signed by You. If You do not agree, You are not licensed to use the Licensor's Software Package, and You must destroy any copies of the Software Package in Your possession or control.

1. Definitions

1.1 Defined Terms.

In addition to the terms defined above and elsewhere in this Agreement, the following terms as used in this Agreement shall have the meanings set forth below:

1. "Agreement" shall mean this Agreement, all attached exhibits, and any other documents made a part of hereof or incorporated by reference herein.
2. "Software" shall mean executables and libraries, data files, configuration files and other files provided to You by Licensor, including corrections, modifications, enhancements updates and upgrades that may be provided to You by Licensor.
3. "Software SDK" shall mean Licensor's software development kit that may be used to develop applications or software components that interoperate with the Software. The SDK includes, without limitation, header files, link libraries, documentation and sample source code provided to You by Licensor, including corrections, modifications, enhancements, updates and upgrades that may be provided to You by Licensor.
4. "Documentation" shall mean any publications relating to the use of Software and Software SDK, including, without limitation, reference, user, installation and technical guides in both eye-readable and machine-readable, printable form.
5. "Software Package" shall mean Software, Software SDK, Documentation and any corrections, modifications, enhancements, updates and upgrades that may be provided to You by Licensor.

2. Grant of Rights

2.1 Software License.

Subject to the terms, conditions and restrictions set forth in this Agreement, Licensor hereby grants to You, and You hereby accept, a non-exclusive, non-transferable, royalty-free, time-limited license to use the Software and related Documentation solely for private and educational purposes, for non-profit teaching and non-profit research and for evaluation before prospective commercial use. ANY COMMERCIAL USE IS STRICTLY PROHIBITED, including use of the Software for development, testing and tuning of any VoiceXML, CCXML and grammar documents that will be later used commercially, or commercial research. If You wish to use the Software for commercial purposes, You shall first enter into an appropriate agreement with Licensor.

2.2 Software SDK License.

Subject to the terms, conditions and restrictions set forth in this Agreement, Licensor hereby grants to You, and You hereby accept, a non-exclusive, non-transferable, royalty-free, time-limited license to use the Software SDK and related Documentation solely for evaluation purposes and to build application prototypes incorporating the Software for testing and demonstration purposes only. You can demonstrate such applications to other parties only under the condition that You will always have the necessary control over such applications in order to respect the terms and conditions of this Agreement. If You develop an application incorporating the Software and wish to commercialize, distribute and/or use such application, You shall first enter into an appropriate agreement with Licensor.

2.3 Ownership of Software Package.

You acknowledge that Licensor retains title, interests and ownership of the Software Package regardless of the form or media in or on which the original and copies may exist. Licensor reserves all rights not expressly granted to You.

2.4 Third Party Software.

Software contains software developed by third parties. Notwithstanding anything else contained in this Agreement, the terms and conditions applicable to such third party software are as set forth in Exhibit A.

2.5 No Support and Services.

The terms of this Agreement do not entitle You to receive any support and/or services from Licensor including, without limitation, technical and maintenance support, developer support and/or consultancy services. In order to receive any support and/or services from Licensor, You shall first enter into an appropriate agreement with Licensor.

3. Your Obligations

3.1 Copy Restrictions.

Unauthorized copying of any portion of the Software Package, including Software that has been merged or included with other software, is expressly forbidden. You are allowed to make one (1) copy of the Software Package for Your internal back-up and archival purposes only, provided that such a copy shall bear the original and unmodified copyright, patent and other intellectual property markings as originally delivered by Licensor.

3.2 Use Restrictions.

1. You agree not to use the Software Package for any purpose other than as set forth in clause 2.1 and 2.2. of this Agreement
2. You may not modify, adapt, translate, reverse engineer, decompile, disassemble or attempt to reconstruct, identify or discover any source code, underlying ideas and/or algorithms of the Software Package or create derivative works based on the Software Package. This does not apply to sample source code provided to You by Licensor.
3. You may not modify, adapt, translate or create derivative works based on the Documentation provided by Licensor.
4. You may not remove any product identification, copyright legend or other notices from the Software Package. This does not apply to sample source code provided to You by Licensor from which the product identification and copyright legend must be removed upon modification.
5. The Software Package or any portion thereof may not be transferred or commercialized in any way to anyone without the prior written consent of Licensor. In no event may You transfer, assign, lease, sell or otherwise dispose of the Software Package on a temporary or permanent basis except as expressly provided herein.

3.3 Publication Credit.

You agree to acknowledge OptimSys, s.r.o. Czech Republic with appropriate citations in any publication or presentation containing results obtained in whole or in part through the use of any portion of the Software Package.

4. Warranties, Limitation of Liability

4.1 Warranty of Authority.

Licensor warrants that it has the right and authority to grant to You the rights and licenses set forth herein.

4.2 DISCLAIMER OF OTHER WARRANTIES.

THE SOFTWARE PACKAGE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

4.3 LIMITATION OF LIABILITY.

LICENSOR SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND, WHETHER DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DATA LOSS, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE PACKAGE.

5. Term and Termination

5.1 Term of the Agreement.

The Agreement is effective upon receipt by You of any portion of the Software Package and shall continue in full force and effect until terminated pursuant to the provisions hereof.

5.2 Termination by Expiration.

The Agreement will terminate to the date specified in the runtime license file that is distributed with the Software Package and that prevents the Software from working after the given date. After this date, You may update/upgrade to the newest version available on Licensor's web site to receive a new license.

5.3 Termination by You.

You have the right to terminate this Agreement and surrender the license granted hereunder at any time.

5.4 Termination for Cause

The Agreement will terminate immediately without notice by the Licensor if You fail to comply with the terms and conditions of this Agreement.

5.5 Effects of Termination.

Immediately upon the termination of this Agreement, You shall cease use of the Software Package in any form, and destroy all copies of the Software Package in Your possession or control.

5.6 Survival.

The following provisions shall survive termination of the Agreement for any reason: Sections 1 (Definitions); 3. (Your Obligations); 4.2 (Disclaimer of Other Warranties); 4.3 (Limitation of Liability) 5.5 (Effects of Termination); 6 (Other Provisions).

6. Other Provisions

6.1 Assignment.

You shall not be entitled to assign or otherwise transfer rights or obligations under this Agreement whether in whole or in part, except with the prior written consent of Licensor.

6.1 Customer Reference.

During the term of this Agreement, Licensor may use Your name in connection with Licensor's promotional activities and to identify You as a customer of Licensor. You hereby grant to Licensor and Licensor hereby accepts the right to place Your name and logo on Licensor's web site and/or in collateral marketing materials relating to Licensor's products and services.

6.3 Entire Agreement.

This document represents the entire agreement between the parties as to the matters set forth and supersedes all prior discussions or understandings between them, whether written or oral, concerning the subject matter hereof. This Agreement may only be modified by a written document signed by an authorized representative of each party.

Exhibit A - Third Party Software

The following software developed by third parties is part of the Software.

1. SpiderMonkey JavaScript Engine

Available at http://www.mozilla.org/js/

The Initial Developer of the Original Code is Netscape Communications Corporation. Portions created by Netscape are Copyright c 1998 Netscape Communications Corporation. All Rights Reserved. Copyright c 1998 - 2004 by Contributors to the Mozilla codebase under the Mozilla Public License and Netscape Public License. All Rights Reserved.

Licensed under the Mozilla Public License 1.1 available at http://www.mozilla.org/MPL/MPL-1.1.html

2. Netscape Portable Runtime

Available at http://www.mozilla.org/projects/nspr/

The Initial Developer of the Original Code is Netscape Communications Corporation. Portions created by Netscape are Copyright (c) 1998-2000 Netscape Communications Corporation. All Rights Reserved. Copyright (c) 1998 - 2004 by Contributors to the Mozilla codebase under the Mozilla Public License and Netscape Public License. All Rights Reserved.

Licensed under the Mozilla Public License 1.1 available at http://www.mozilla.org/MPL/MPL-1.1.html

3. libCurl

Available at http://curl.haxx.se/libcurl/

Copyright c 1996 - 2004, Daniel Stenberg. All rights reserved.

Licensed under a MIT/X derivate license available at http://curl.haxx.se/docs/copyright.html

4. libsndfile

Available at http://www.mega-nerd.com/libsndfile/

Licensed under the GNU Lesser General Public License available at http://www.gnu.org/copyleft/lesser.html

5. LibTomCrypt

Available at http://libtomcrypt.com/

Released as public domain.

6. LibTomMath

Available at http://math.libtomcrypt.com/

Released as public domain.

7. libcharset

Available at http://tartarus.org/projects/

libcharset is copyright 2003-2004 Simon Tatham, Portions copyright Ben Harris.

Licensed under MIT license available at http://rc.quest.com/viewvc/putty/trunk/charset/LICENCE?view=markup

8. OpenSSL

Available at http://www.openssl.org/

OpenSSL is copyright 1998-2007 The OpenSSL Project.

Licensed under OpenSSL license available at http://www.openssl.org/source/license.html