pkgsrc-wip/ilbc-rfc3951/GIPS-iLBC-license

NOTICE

All use of the Original Code (GIPS iLBC, and code provided
by GIPS as part of any related IETF Standard or draft standard) is
subject to the complete Global IP Sound iLBC Public License, IETF
Standard, Limited Commercial Use (the (License"). By accessing the
Original Code You agree to the License terms. PLEASE SEE THE COMPLETE
LICENSE BELOW FOR ADDITIONAL TERMS. In general: Personal, non-commercial
use is generally permitted. Commercialization is permitted with
certain limitations; for example, to ensure that every iLBC decoder
can decode every iLBC-encoded payload, commercial "Deployment" must
comply with the applicable IETF Standard/draft, and the format of
the bitstream may not be modified. You are provided no warranty or
support, and all liability is disclaimed. You must register this
license with GIPS prior to any commercial Deployment.

The License is available from
http://www.globalipsound.com/legal/licenses/ilbc; or from Global
IP Sound Europe AB, <20>landsgatan 42, SE-116 63, Stockholm, Sweden,
+46.8.545.5.30.40 tel, +46.8.545.5.30.49 fax; or from Global IP
Sound Inc., 900 Kearny Street, 5th Floor, San Francisco, California
94133-5124 USA, +1 415.397.2555 tel, +1 415.397.2577 fax; or by
sending a request to info@globalipsound.com. The current IETF
Standards can also be found at http://www.ietf.org/rfc/rfc3951.txt
plus http://www.ietf.org/rfc/rfc3952.txt. The initial developer of
the Original Code is Global IP Sound Inc. Portions Copyright (C)
1999-2005, All Rights Reserved. iLBC is a trademark of Global IP
Sound. All redistribution is subject to the License; source code
must include this Notice.

Global IP Sound iLBC Public License, v2.0 IETF Version - Limited
Commercial

Use PLEASE READ THIS LICENSE AGREEMENT. This is a legal agreement
("License") between any user ("You") and Global IP Sound Inc.
("GIPS"). By using the software, you agree to the following terms
and conditions. You are also asked to sign and return the attached
acknowledgment of this agreement or accept a "popup" license in a
form that registers Your use with GIPS. The Original Code is licensed
by GIPS for use only on the terms of this License.

1 DEFINITIONS.

1.1 "Covered Code" means any of the Original Code, alone or in
combination with Modifications.

1.2 "Deploy" means any use, licensing, or distribution of Covered
Code other than for Personal Use.

1.3 "Executable" means Covered Code in any form other than Source
Code.

1.4 "GIPS" means Global IP Sound Inc. and its officers, directors,
employees, agents, subsidiaries and affiliates.

1.5 "IETF Standard" means the iLBC standard as submitted by GIPS
to the Internet Engineering Task Force (IETF), including all draft
and other intermediate documents filed with the IETF during the
standards process. The current IETF RFC standard is available at
http://www.ietf.org/rfc/rfc3951.txt plus
http://www.ietf.org/rfc/rfc3952.txt.

1.6 "Larger Work" means a work that combines any Covered Code with
code not governed by the terms of this License.

1.7 "Modification" means any change, addition to, or deletion from
the substance or structure of the Original Code, previous Modifications,
or combinations of Original Code and previous Modifications.

1.8 "Original Code" means (a) the iLBC Source Code, including code
made available by GIPS in an IETF iLBC draft, originally made
available by GIPS under this License, including any updates or
upgrades to such programs or works made available by GIPS under
this License; (b) the object code compiled from such Source Code;
and (c) related documentation.

1.9 "Patent Rights" means, where GIPS is the grantor of rights,
claims of patents that are now or hereafter acquired, owned by, or
assigned to GIPS that cover subject matter contained in the Original
Code, but only to the extent necessary to use, reproduce, or
distribute the Original Code without infringement.

1.10 "Personal Use" means use of Covered Code by an individual
solely for personal, private, and non-commercial purposes. Use of
Covered Code in an individual's capacity as an officer, employee,
member, independent contractor, or agent of a corporation, business,
or organization (commercial or non-commercial) does not qualify as
Personal Use.

1.11 "Source Code" means the human-readable or other preferred form
for making modifications to Covered Code, including all modules it
contains; associated interface definition files; and scripts used
to control compilation and installation of an Executable.

1.12 "You" (or "Your") means an individual or legal entity exercising
rights under this License. For legal entities, "You" includes any
entity that controls, is controlled by, or is under common control
with You, where "control" means (a) the power, direct or indirect,
to cause the direction or management of such entity, whether by
contract or otherwise, or (b) ownership of more than Fifty Percent
of the outstanding shares or beneficial ownership of such entity.

2 PERMITTED USES, CONDITIONS, AND RESTRICTIONS.

2.1 Grant. Subject to the terms and conditions of this License,
GIPS hereby grants You the following worldwide, royalty-free,
non-exclusive license, subject to third party intellectual property
claims, to the extent of GIPS's applicable Patent Rights and
copyrights covering the Original Code:

(A) Personal Use: You may use, reproduce, display, perform, modify
and distribute Original Code, with or without Modifications, solely
for Your Personal Use; but you must retain and reproduce in all
copies of Covered Code and documentation (i) the copyright and
other proprietary notices and disclaimers of GIPS as they appear
in the Original Code, (ii) all notices that refer to this License,
(iii) the notice and acknowledgment in Appendix A in each file of
the Source Code or in a location (such as a relevant directory)
where a user would be likely to look for such a notice, and (iv)
this License; and You may not offer or impose any terms on such
Source Code that alter or restrict this License or the recipients'
rights hereunder, except as permitted under Section 3.2.

(B) Deployment: You may use, reproduce, display, perform, modify,
and Deploy Covered Code, provided that 1. You must satisfy all the
conditions of Section 2.1(A), and 2. Covered Code may be Deployed
only in compliance with the then-applicable IETF Standard, and
Modifications must not change the format of the bitstream.

(C) You may create a Larger Work by combining Covered Code with
other code and distribute the Larger Work as a single product; but
You must ensure that the requirements of this License, including
Section 2.1(B)(2), are fulfilled.

2.2 Application Of License To Modifications. The Modifications that
You create or to which You contribute are governed by the terms of
this License. The Source Code version of Covered Code may be
distributed only under the terms of this License or a future version
of this License released under Section 2.6, and You must include
a copy of this License with every copy of the Source Code You
distribute. However, You may include an additional document offering
the additional rights described in Section 3.2.

2.3 Limitations.  Except as expressly stated in Section 2.1, no
other rights (including patent rights), express or implied, are
granted by GIPS. Modifications and Larger Works of GIPS may require
additional patent and other licenses from GIPS which GIPS may grant
in its sole discretion.  You expressly acknowledge and agree that
no assurances are provided by GIPS that the Covered Code does not
infringe the patent or other intellectual property rights of any
other entity, and GIPS disclaims any liability to You for claims
brought by any other entity based on infringement of intellectual
property rights or otherwise. As a condition to exercising the
rights and licenses granted hereunder, You hereby assume sole
responsibility to secure any other intellectual property rights
needed, if any.

2.4 Registration. You must register Your Deployment (non-personal)
use of the Original Code and acceptance of this License by completing
Appendix A and returning it to GIPS as indicated (or providing
equivalent information to GIPS).

2.5 Your Grants. In consideration of and as a condition to the
licenses granted to You, You hereby grant to GIPS, under Your
applicable patent and other intellectual property rights, an
unrestricted, non-exclusive, worldwide, royalty-free, perpetual,
and irrevocable license to (a) Your Modifications and (b) any error
reports or other feedback you provide to GIPS regarding the Original
Code.

2.6 New Versions. GIPS may publish revised or new versions of the
License. Once Covered Code has been published under a particular
version of the License, You may always continue to use it under
the terms of that version, or You may choose to use such Covered
Code under the terms of any subsequent version of the License
published by GIPS. No one other than GIPS has the right to modify
the terms applicable to Covered Code created under this License.
The current version of this License will be posted at
www.globalipsound.com/legal/licenses/ilbcfreeware.

2.7 Derivative Works. If You create or use a modified version of
this License (which You may only do in order to apply it to code
that is not already Covered Code governed by this License), You
must (a) rename the license and (b) otherwise make it clear that
Your version of the license contains terms which differ from this
License.

3 OBLIGATIONS REGARDING DISTRIBUTION.

3.1 Distribution of Executable Versions. You may distribute Covered
Code in Executable form only if the requirements of Section 2.1
above have been met; in addition You must conspicuously set forth,
in documentation or collateral in which You describe recipients'
rights in any Executable version, a notice stating that the Source
Code version of the Original Code is available under the terms of
this License.

3.2 Your Distribution License. You may choose to offer, and to
charge a fee for, warranty, support, indemnity, or liability
obligations and other rights consistent with the scope of this
License ("Additional Terms") to recipients of Covered Code, provided,
however, that: (a) You may do so only on Your own behalf and as
Your sole responsibility, and not on behalf of GIPS; (b) You must
make it absolutely clear that Additional Terms are offered by You
alone, and not by GIPS; and (c) the license may not limit or alter
the recipient's rights in Original Code version from the rights
set forth in this License. You hereby agree to defend and indemnify
GIPS regarding any claims asserted against GIPS relating to any
Additional Terms.

4 NO WARRANTY OR SUPPORT.

COVERED CODE IS PROVIDED UNDER THIS LICENSE "AS IS" AND WITHOUT
WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT
LIMITATION WARRANTIES THAT COVERED CODE IS FREE OF DEFECTS,
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, OR NON-INFRINGING. THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE
IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
YOU (NOT GIPS) 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. The Covered Code may be
incomplete; contain pre-release, untested, or not-fully-tested
works; and may contain errors that could cause failures or loss of
data. You expressly acknowledge and agree that use of any Covered
Code is at Your sole and entire risk. No upgrades or support are
provided under this License.

5 LIMITATION OF LIABILITY.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT IS GIPS OR ANY OF
ITS SUPPLIERS LIABLE UNDER ANY LEGAL THEORY, WHETHER TORT (INCLUDING
NEGLIGENCE), CONTRACT, PRODUCTS LIABILITY, OR OTHERWISE, FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THIS LICENSE OR
THE USE OR INABILITY TO USE THE COVERED CODE OR ANY PORTION THEREOF,
INCLUDING BUT NOT LIMITED DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF USE, LOST DATA,
LOST PROFITS, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF GIPS
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING
THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT DOES
GIPS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY
BE REQUIRED BY APPLICABLE LAW) UNDER THIS LICENSE EXCEED THE AMOUNT
OF FIFTY DOLLARS (US$50.00).

6 TRADEMARKS.

This License does not grant any right or license to use the trademarks
or trade names "Global IP Sound", "GIPS", "iLBC", "SoundWare", or
any other GIPS trademarks, trade names, design marks, or logos
(collectively, "GIPS Marks"), except that "iLBC" may be used in
reference to the IETF Standard. No GIPS Marks may be used to endorse
or promote products derived from the Original Code other than as
permitted by and in strict compliance with GIPS's trademark usage
guidelines.

7 OWNERSHIP.

GIPS retains all interests in the Original Code and any Modifications
made by or on behalf of GIPS ("GIPS Modifications"). GIPS Modifications
are not automatically subject to this License; GIPS may, at its
sole discretion, choose to license such GIPS Modifications under
this License or on different terms from those contained in this
License, or may choose not to license them.

8 TERMINATION.

8.1 This License terminates automatically if You fail to comply
with its terms and fail to cure such breach within 28 days of
becoming aware of the breach.

8.2 If You initiate a patent infringement claim (excluding declaratory
judgment actions) against GIPS alleging that the Original Code or
any GIPS Modification directly or indirectly infringes any patent,
then any rights granted to You under this License terminate upon
60 days notice from GIPS unless You either (i) agree in writing to
pay GIPS a mutually agreeable reasonable royalty for Your past and
future use of Original Code and GIPS Modifications or (ii) withdraw
Your litigation claim.

8.3 Effect of Termination. Upon termination, You agree to immediately
stop any further use, reproduction, modification, sublicensing,
and distribution of the Covered Code, and to destroy all copies of
the Covered Code that are in Your possession or control. Provisions
that by their nature should remain in effect beyond the termination
of this License, including but not limited to 2.2 "Limitations On
Patent License", 2.5 "Your Grant", 4 "No Warranty Or Support", 5
"Limitation Of Liability", 7 "Ownership", 8.3 "Effect Of Termination",
10.2 "Independent Development", and other applicable provisions of
Article 10, survive its termination. All end user license agreements
to the Covered Code (excluding distributors and resellers), if
validly granted prior to termination, survive any termination of
this License. No party is liable to any other for compensation,
indemnity, or damages of any sort solely as a result of terminating
this License in accordance with its terms, and termination of this
License is without prejudice to any other right or remedy of any
party.

9 U.S. GOVERNMENT END USERS.

The Covered Code is a "commercial item", as that term is defined
in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
software" and "commercial computer software documentation", as such
terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with
48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June
1995), all U.S. Government End Users acquire Covered Code with only
those rights set forth in this License.

10 MISCELLANEOUS.

10.1 Relationship. This License may not be construed as creating
an agency, partnership, joint venture, or any other legal association
between You and GIPS, and You may not represent to the contrary,
whether expressly, by implication, or otherwise.

10.2 Inability To Comply. If it is impossible for You to comply
with any term of this License due to statute, judicial order, or
regulation, then You must: (a) comply with the terms of this License
to the maximum extent possible and (b) describe the limitations
and the code they affect. Such description must be included with
all distributions of Source Code, and should be sufficiently detailed
for a recipient of ordinary skill to be able to understand it.

10.3 Independent Development. Nothing in this License impairs GIPS's
right to acquire, license, develop, have others develop for it,
market, or distribute technology or products that perform the same
or similar functions as, or otherwise compete with, Original Code,
Covered Code, Modifications, Larger Works, or technology or products
You may develop, produce, market, or distribute.

10.4 Waiver; Construction.  Failure by GIPS to enforce any provision
of this License may not be deemed a waiver of future enforcement
of that or any other provision. Any law or regulation that provides
that the language of a contract is construed against the drafter
does not apply to this License.

10.5 Severability. If any provision of this License is unenforceable,
that provision will be enforced to the maximum extent permissible
and reformed only to the extent necessary to make it enforceable
so as to effect the intent of the parties, and the remainder of
this License continues in full force and effect.  Notwithstanding
the foregoing, if You are unable to comply fully with Section 2.1
or 2.5, this License terminates immediately and You must immediately
discontinue any use of the Covered Code and destroy all copies of
it that are in Your possession or control.

10.6 Dispute Resolution; Governing Law. This License is governed
by the laws of the United States and the State of California. Choice
of law rules do not apply, regardless of jurisdiction. Any litigation
relating to this License is subject to the jurisdiction of the
Federal Courts of the Northern District of California, with venue
in San Francisco County, California, and You and GIPS hereby consent
to personal jurisdiction and venue therein with respect to this
License. Application of the United Nations Convention On Contracts
For The International Sale Of Goods is expressly excluded. The
losing party in any litigation is responsible for all costs,
reasonable attorneys' fees, and expenses.

10.7 Entire Agreement.  This License is the parties' entire agreement
with respect to its subject matter.

10.8 If You are located in the province of Quebec, Canada, the
following clause applies: The parties hereby confirm that they have
requested that this License and all related documents be drafted
in English. Les parties ont exig<69> que le pr<70>sent contrat et tous
les documents connexes soient r<>dig<69>s en anglais.

Appendix A - Global IP Sound iLBC Public License, v2.0 IETF Version
- Limited Commercial Use

This file is subject to the Global IP Sound iLBC Public License,
v2.0 - IETF Version - Limited Commercial Use (the "License"). Please
obtain a copy of the License and read it carefully before using or
redistributing the software; by downloading or using the software
You accept and agree to the terms of the License. If You are agreeing
to the License on behalf of a company, You represent that You are
authorized to bind the company to such a license; if You do not
meet this criterion, or You do not agree to any of the terms of
the License, do not download, access, or use the software, and
destroy any copies.

NOTICE

All use of the Original Code (GIPS iLBC , and code provided by GIPS
as part of any related IETF Standard or draft standard) is subject
to the complete Global IP Sound iLBC Public License, IETF Standard,
Limited Commercial Use (the (License"). By accessing the Original
Code You agree to the License terms. PLEASE SEE THE COMPLETE LICENSE
BELOW FOR ADDITIONAL TERMS. In general: Personal, non-commercial
use is generally permitted. Commercialization is permitted with
certain limitations; for example, to ensure that every iLBC decoder
can decode every iLBC-encoded payload, commercial "Deployment" must
comply with the applicable IETF Standard/draft, and the format of
the bitstream may not be modified. You are provided no warranty or
support, and all liability is disclaimed. You must register this
license with GIPS prior to any commercial Deployment.

The License is available from
http://www.globalipsound.com/legal/licenses/ilbc; or from Global
IP Sound Europe AB, <20>landsgatan 42, SE-116 63, Stockholm, Sweden,
+46.8.545.5.30.40 tel, +46.8.545.5.30.49 fax; or from Global IP
Sound Inc., 900 Kearny Street, 5th Floor, San Francisco, California
94133-5124 USA, +1 415.397.2555 tel, +1 415.397.2577 fax; or by
sending a request to info@globalipsound.com. The current IETF
Standards can also be found at http://www.ietf.org/rfc/rfc3951.txt
plus http://www.ietf.org/rfc/rfc3952.txt. The initial developer of
the Original Code is Global IP Sound Inc. Portions Copyright (C)
1999-2005, All Rights Reserved. iLBC is a trademark of Global IP
Sound. All redistribution is subject to the License; source code
must include this Notice.

I have read and understood, and I agree to, the terms and conditions
of the Global IP Sound iLBC Public License v2.0, IETF Version,
Limited Commercial Use.

Signature:
Date:
Name:
Title:
Company:
Address:
Telephone:
Fax:
Email:
Intended Use:

Please send to Global IP Sound Europe AB, <20>landsgatan 42, SE-116
63, Stockholm, Sweden +46.8.545.5.30.40 tel, +46.8.545.5.30.49 fax
info@globalipsound.com Attn: Roar Hagen Cc: GIPS Legal, via fax to
+1.415.397.2577