The license below is a shareware license, granting you permission to use the
software for evaluation purposes and for strictly personal use. The license
disallows the use of the software in for-profit activities, and asserts that the
author offers no warranties, cannot be held liable for any defects in the
software or its output, and will offer no support. Quite simply: you shouldn’t
try to make money through the use of this software, and you can’t hold me
responsible if it doesn’t work well, consistently, or at all.
Commercial entities should NOT use this software: they and other parties interested in the source code may address licensing inquiries to conversionthingy@live.ca.
ConversionThingy 2 - SOFTWARE LICENSE AGREEMENT
1. GRANT OF LICENSE
Peter Friesen (hereinafter "THE AUTHOR") grants you a limited, non-exclusive
license to use ConversionThingy 2 (hereinafter "THE SOFTWARE"). THE
SOFTWARE is licensed, not sold, to you for use in an ACADEMIC, NON-PROFIT
setting only under the terms of this Agreement. If, following an evaluation during which you may convert any or all of your course archives, you
decide to deploy THE SOFTWARE-generated files in a production environment, you
are expected to pay a conversion feee in accordance with Item 6,
LICENSE FEES, below.
For-profit organizations, hosting companies, consultants,
contractors, or others who offer third-party services should NOT use this software.
2. SCOPE OF GRANT
Your use of THE SOFTWARE is restricted to the conversion and modification of
course archives created and used at your place of work: you may not use this
software to provide course conversions for third parties.
3. COPYRIGHT
THE SOFTWARE is protected by copyright laws and international copyright treaties,
as well as other intellectual property laws and treaties. You may use THE
SOFTWARE in converting course archives in which you own the copyright or have
obtained permission to do so from the copyright owner(s). You are bound to
ensure the legality of your activities related to your use of THE SOFTWARE.
4. REPRESENTATIONS, WARRANTY, AND DISCLAIMER
THE AUTHOR OFFERS THE SOFTWARE AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND CONCERNING THE SOFTWARE OR THE FILES IT PRODUCES, EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE,
MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE
ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF
ERRORS, WHETHER OR NOT DISCOVERABLE.
5. NO LIABILITY FOR DAMAGES
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL THE AUTHOR BE
LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE
USE OF THE SOFTWARE OR THE FILES IT PRODUCES, EVEN IF LICENSOR HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY
WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SOFTWARE, RELIANCE ON THE
SOFTWARE, INABILITY TO USE THE SOFTWARE, OR FROM THE INTERRUPTION, SUSPENSION OR
TERMINATION OF THE SOFTWARE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF
ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
6. LICENSE FEES
The SOFTWARE is copyrighted SHAREWARE, not public-domain software.
If, upon evaluating the SOFTWARE and its output, you find that output to be
useful and find the software serves (or has served, as the case may be) a useful
purpose, you should pay a licensing fee. You can use
the SOFTWARE to convert as many courses as you like for testing purposes, but a
fee becomes due if you intend to deploy the files produced by THE
SOFTWARE in a production environment.
This License Agreement covers only the license categories listed below. If your
use of THE SOFTWARE is not encompassed by one of these categories, you should
contact ConversionThingy@live.ca to secure an appropriate license.
6.a. PERSONAL USE.
There is NO license fee if your installation and use of the SOFTWARE is strictly
personal. That means, very simply, that you will use the SOFTWARE exclusively
for converting archives for course sites that you teach. You may not convert
course archives for third parties.
6.b. EVALUATION.
You do not need to pay any license fee if your use of the program is strictly
evaluative. That means that you can convert all the course archives in your
system and see whether they produce something useful for you, but you cannot
deploy any file created by the SOFTWARE in a production environment.
6.c. INSTITUTIONAL.
If you use THE SOFTWARE for converting course archives for an educational
institution at which you are employed--a college, a university, or a
school--then you should ask yourself what the conversion process is worth to you and
pay a conversion fee if you to deploy the converted
files in a production environment. (If the converted files are worthless, don't deploy them,
and don't pay for them.) A rough guide to valuation of the conversions is available, though
you are at liberty to devise the price structure of your choosing. That said, you cannot use THE SOFTWARE to contract out conversion
services to third parties, and you cannot charge a fee for converting courses
within your INSTITUTION.
6.d. SUNY INSTITUTION or SUNY SYSTEM.
If you use the SOFTWARE for converting course archives for a SUNY (State
University of New York) institution at which you are employed, there is no
license fee for the use of this software. There is no limit on the number of
course sites that you can convert and deploy in production environment(s), but
you may only convert course archives for courses created and taught by SUNY
faculty and staff. You cannot use the SOFTWARE to contract out conversion
services to parties outside the SUNY system, and you cannot charge a fee for
converting archives within the SUNY system.
7. LOGGING and PRIVACY
Local logs are maintained by the program on the system on which it is
installed. On program startup, when the USER transmits an invoice request, and
when a registration form is submitted, a conversion count, a unique installation identifier, and
the user’s IP address are all transmitted along with the request. No information
will be shared with third parties.
8. SUPPORT
The USER understands that the SOFTWARE is made available without any provisions
for end-user SUPPORT.
9. SOFTWARE UPDATES.
The SOFTWARE may be updated periodically at the sole discretion of its AUTHOR.
The provisions of this license shall apply to any updates to the software that may be released.
10. TERMINATION
The license will terminate automatically if you fail to comply with any of the
above terms and conditions. The license may be terminated by either party at any
time and without notice.
11. CONTROLLING LAW
Any finding by a court that any provision of this license is invalid for a
particular jurisdiction shall not affect any other provision of this license.
