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COPYRIGHTED AND PATENTED PENDING BY WHAT.CD INCORPORATED, DBA/AKA PROJECT GAZELLE END-USER LICENSE AGREEMENT The Gazelle Source Code (hereinafter referred to as the Software) is made publically available free of charge by Project Gazelle (sometimes a trade and business name for the legally consituted entity known as What.CD Incorporated, a Panamanian Corporation), copyright and patent pending owner (hereinafter referred to as the Licensor or Original Licensor) to anyone who wishes to use and/or share or distribute and/or change or modify it (hereinafter referred to as either the Licensee and/or End-User) FOR NONCOMMERCIAL PURPOSES ONLY under the following terms and conditions (hereinafter referred to as the "License"): Section 1. You may copy and distribute verbatim copies of the Software'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 Software a copy of this License along with the Software. Section 2: You may modify or change your copy or copies of the Software or any portion of it, thus forming a work based on the Software, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions: 2.1: You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change. 2.2: You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Software or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License. Section 3: You may copy and distribute the Software (or a work based on it, under the terms of 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: 3.1: 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, 3.2: Accompany it with a written offer, valid for at least one year, 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, 3.3: Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the Software in object code or executable form with such an offer, in accord with Subsection 3.2 above.) Section 4: You may not copy, modify, sublicense, or distribute the Software except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Software is void, and will automatically terminate your rights under this License. Parties who have received copies, or rights, from you under this License, however, will not have their licenses terminated so long as such parties remain in full compliance with the terms and conditions of this License. Section 5: This License and nothing else grants you permission to use, modify and/or distribute the Software or its derivative works and only in accordance with the terms and conditions of this License. Otherwise, use, modification and/or distribution of this Software is prohibited by international laws and treaties as regards intellectual property. Therefore, by using, modifying and/or distributing the Software (or any work based on the Software), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the software or works based on it. Section 6: Each time you redistribute the Software (or any work based on the Software), the recipient automatically receives a license from the Original Licensor to copy, distribute and/or modify the Software 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. Section 7: NO WARRANTY 7.1: BECAUSE THE SOFTWARE IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE SOFTWARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT/PATENT HOLDERS AND/OR OTHER PARTIES PROVIDE THE SOFTWARE "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 SOFTWARE IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 7.2:. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT/PATENT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE SOFTWARE 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 SOFTWARE TO OPERATE WITH ANY OTHER SOFTWARE), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Section 8: 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 Software at all. For example, if a patent license would not permit royalty-free redistribution of the Software 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 Software. Section 9: If any portion or section of this License is held invalid or unenforceable under any particular circumstance, the balance of this License and pertinent section is intended to apply and the section as a whole is intended to apply in other circumstances. Section 10: Each version of the Software is given a distinguishing version number. If the Software 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. If the Software does not specify a version number of this License, you may choose any version ever published by the Licensor. Section 11: This Software is distributed pursuant to the terms and conditions of this License and is distributed free of charge FOR NONCOMMERCIAL PURPOSES ONLY. THE USE, DISTRIBUTION AND/OR MODIFICATION OF THIS SOFTWARE FOR COMMERCIAL PURPOSES IS EXPRESSLY PROHIBITED BY INTERNATIONAL LAWS AND TREATIES AS REGARDS INTELLECTUAL PROPERTY.
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