Source Code Licensing Agreement

Preamble

It is the common interest of software developers everywhere to freely share programming experience and concepts. The best medium for this is, of course, the very source code in which these are implemented. For these reasons it behooves software developers to employ licenses which enable such sharing while still allowing authors and creators to control their creations.

Definitions

  1. SOURCE CODE| Source code contains certain design, processing utilities, tools and other resources for use with Computer Systems. The term 'source code' shall be interpreted as meaning the human-readable code used to generate machine-executable files.
    1. UNMODIFIED SOURCE CODE| Unmodified Source Code is the original source code without additions or subtractions made thereto.
    2. MODIFIED SOURCE CODE| Modified Source Code is any embodiment of the Unmodified Source Code, in whole or in part, which has been added to or subtracted from to any degree, which may or may not comprise part of a larger software project.

Warranty

All use of the Source Code, Unmodified or Modified, is at your own risk and there exists no warranty, expressed or implied, as to the merchantability or fitness thereof for a particular purpose; all warranties are expressly disclaimed.

License

The use of this source code is subject to the following license terms:

  1. EXTENT OF LICENSE. You may download, use, modify and redistribute the source code package, free of charge, without limitation except for the following:
    1. The readme.txt and License.txt files must be included, without change, with any Unmodified copy of the source code. Modified copies of the source code must include the following notice in a prominent location in the documentation provided with the source code, if any, or in the source code itself:
      1. This program contains software which is licensed under the Boredom Software Source Code Licensing Agreement.
    2. You may not charge any fee or mandatory remuneration of any kind for access to the unmodified source code package, nor restrict access based on lack of payment of the same, without providing a prominent and working hyperlink to the download page on the Boredom Software website. A working hyperlink shall be construed as an HTML entity which points to the proper URI of the Boredom Software website, even if the Boredom Software website is inaccessible due to reasons beyond your control (i.e. the Boredom Software website's server is down.)
    3. You must attribute authorship of the original source code, regardless of alterations subsequently made by other parties, with consideration to additional notices as such other parties may require, to Boredom Software. Attribution can be in the form of a notice in your program's documentation, about box, or other similar location (see section 1(A)i).
    4. You must make any changes you make to the source code available to anyone under this license or, at your option, the GNU General Public License, the Creative Commons BY-SA License, or similar compatible Open Source Licenses. Anyone wishing to use a different license which is incompatible with these options must obtain written permission from Boredom Software as well as any other parties who may have contributed to the version you wish to use.
  2. LIMITATION ON DAMAGES. IN NO EVENT WILL BOREDOM SOFTWARE BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE SOURCE CODE OR PROGRAMS DERIVED THEREFROM, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF BOREDOM SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  3. TERMINATION. Without prejudice to any other rights of Boredom Software, this Agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the source code and remove the same from any software applications you have developed.
  4. INJUNCTION. Because Boredom Software would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Boredom Software shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Boredom Software may otherwise have under applicable laws.
  5. INDEMNITY. You agree to indemnify, defend and hold Boredom Software, its partners, licensees, affiliates, contractors, officers, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act or Boredom Software's acts or omissions to act in using the source code pursuant to the terms of this Agreement.
  6. MISCELLANEOUS. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended by, and at the pleasure of, Boredom Software. Any such amendments shall enter into force thirty (30) days after the amendments are posted at the Boredom Software website ( http://www.boredomsoft.org/Licensing/sourcecode ) If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected. This Agreement shall be construed under California law as such law is applied to agreements between California residents entered into and to be performed within California, except as governed by federal law and you consent to the exclusive jurisdiction of the state and federal courts in San Francisco, California.

This licensing agreement may be amended or updated from time to time at the discretion of Boredom Software. You may, at your option, be bound by either the previous version of this license which was current at the time you downloaded the source code or by the most current version.

If you have any questions concerning this license, you may contact Andrew Lambert at andrew@boredomsoft.org