Beersmith3-Aide/Licence et Informations de Droits d'Auteur
| Note : les licences de logiciels étant des documents à valeur juridique, et les traducteurs ne disposant ni des compétences ni du vocabulaire permettant une traduction aussi précise que souhaitable pour des textes opposables devant la justice, il a été décidé de conserver en l'état et en anglais (y compris les fautes d'orthographes et typo...) les textes originaux présents dans l'aide de Beersmith 2.|
- 1 BeerSmith 3
- 2 Licensing Terms
- 2.1 License Agreement
- 2.2 User Licenses
- 2.3 Limited Warranty for Registered Users
- 2.4 LIMITATION OF LIABILITY
- 2.5 GENERAL TERMS
- 2.6 PROPER USE
- 2.7 NO OTHER WARRANTY
- 2.8 Trial Version Distribution Rules
- 2.9 Trial Period
- 2.10 Obtaining licensed versions
- 2.11 Alpha and Beta Versions
- 3 wxWindows Library - used internally in BeerSmith and available from http://www.wxwidgets.org/
- 4 NULLSOFT SCRIPTABLE INSTALL SYSTEM – used to install BeerSmith™
- 5 zlib/libpng license
- 6 bzip2 license
- 7 Common Public License version 1.0
- 8 Special exception for LZMA compression module
Copyright 2002-2018 BeerSmith LLC
Author: Bradley J. Smith, PhD
All Rights Reserved
This is a legal agreement between you (either individual or entity) and the BeerSmith LLC business. If you do not agree to the terms of this agreement, promptly return the disk and accompanying items to place of purchase for a refund (Registered versions only – BeerSmith LLC is NOT responsible for distribution or replacement of unregistered shareware copies).
Use of the NSIS installer for installation and configuration of the BeerSmith program is subject to the NSIS and other applicable license terms listed separately below.
The personal use licenses are valid for only two active computers. Site use, network use, or installation of a single license on more than two computers requires a separate license. No one may copy or distribute any portion of the registered documentation, registration keys, files, data or executables except for registered users with the express purpose of backing up these files for personal use on their registered computers. In addition, no one may disassemble, decompile, reverse engineer, loan, rent, or lease this software. This software is protected by U.S. and international copyright laws.
- Subscription Personal (Non-Commercial) License - purchased yearly for an annual term include both minor and major version updates and is intended for personal non-commercial use. This license is not valid for commercial brewing or for-profit brewing.
- Subscription Professional (Commercial) License - purchased yearly for an annual term includes commercial use. This license is intended for commercial brewers who are developing recipes and producing beer on a for-profit basis. This license may include up to five computer activations.
- One-Time Personal (Non-Commercial) License - purchased for a single license fee this license is intended for personal, non commercial use. This license is not valid for commercial or for-profit brewing. This license includes only minor version upgrades (i.e. versions 3.1, 3.2, 3.3...). Major updates (version 4.0, 5.0, etc...) must be separately purchased for a fee.
Limited Warranty for Registered Users
BeerSmith LLC warrants that the disks provided with the registered version of BeerSmith are free from defects for a period of 90 days from the purchase date. You may return defective disks to us for replacement or refund. Please return the complete package including documentation in a salable state to your place of purchase.
LIMITATION OF LIABILITY
BEERSMITH LLC HEREBY LIMITS THEIR LIABILITY AND EXCLUSIVE REMEDY TO 1) REFUND OF THE ORIGINAL PURCHASE PRICE OF THE SOFTWARE OR 2) REPLACEMENT OF A DEFECTIVE DISK AT BEERSMITH'S SOLE DISCRETION . PURCHASER OF SOFTWARE AGREES NOT TO HOLD THE BEERSMITH LLC BUSINESS, ITS PARTNERS, OFFICERS OR EMPLOYEES LIABLE FOR ANY DAMAGES WHATSOEVER BEYOND ONE OF THE TWO REMEDIES DESCRIBED ABOVE.
Use of this software for any period of time equates to agreement to all terms of this license. BeerSmith is only one possible tool for brewing beer. This software is provided AS IS with no warranties either express or implied.
BeerSmith LLC prohibits the use of this software for any and all improper and illegal activities including, but not limited to: illegal brewing (check your local laws), underage brewing, promotion of underage drinking, alcohol abuse, illegal activities performed under the influence of alcohol, and drinking and driving. We encourage the responsible adult use of the software for legal home brewing, and urge everyone to brew and drink responsibly.
NO OTHER WARRANTY
EXCEPT AS PROVIDED ABOVE BEERSMITH LLC DISCLAIMS ALL WARRANTIES WITH RESPECT TO THIS PRODUCT, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHOULD THE PRODUCT PROVE DEFECTIVE IN ANY WAY THE PURCHASER ASSUMES THE RISK OF SERVICING, REPAIR, CORRECTION, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. (INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM ACCIDENTS DURING BREWING, LOSS OF INFORMATION, ILLEGAL USE OF THE SOFTWARE, IMPROPER BREWING TECHNIQUES, DRINKING OFFENSES SUCH AS UNDERAGE DRINKING, ALCOHOL ABUSE, DRINKING AND DRIVING, CRIMES COMMITTED UNDER THE INFLUENCE OF ALCOHOL AND THE LIKE) USING THIS SOFTWARE.
This agreement is governed by the laws of the state of Virginia and shall inure to the benefit of the BeerSmith LLC and any successors, administrators, heirs, and assigns. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a STATE or FEDERAL court of competent jurisdiction located in Fairfax County, VA. The parties hereby consent to personam jurisdiction of said courts.
Trial Version Distribution Rules
The trial version of our products may be obtained from www.beersmith.com and comes with no warranty. The trial version of BeerSmith may be distributed freely on a non-profit basis as long as it is maintained as a complete package and no attempts are made to circumvent the trial period or any trial feature limitations. Permission to distribute trial versions of BeerSmith on a for-profit basis must be obtained in writing from the BeerSmith LLC. BeerSmith may only be distributed as a complete package including all documentation, program, and sample files. BeerSmith registration keys MAY NOT be distributed with or without the trial version except with explicit written permission.
The trial versions of our products may have limitations or a limited trial period. Users may not reverse engineer or disable trial period protections in an attempt to circumvent the limited use features of the trial version. Users may not distribute or share registration keys.
Obtaining licensed versions
You can obtain a registered licensed key of BeerSmith from www.beersmith.com by remitting payment as described on our web site at www.beersmith.com Each key is for use on TWO COMPUTERS ONLY, both for use by the original registrant. The sharing, distribution, or use of one key to register more than one copy of BeerSmith is EXPRESSLY PROHIBITED by this license. BeerSmith LLC reserves the right to disable keys that it has reason to believe have been compromised, shared, distributed, or otherwise misused. Site licenses and wholesale pricing terms are available - visit our web site for details.
Alpha and Beta Versions
Pre-release or so called "Alpha" and "Beta" versions of BeerSmith are for the sole use of registered "beta" testers. Use of any of these versions requires written permission from BeerSmith LLC. Public distribution and use of these versions is strictly prohibited.
wxWindows Library - used internally in BeerSmith and available from http://www.wxwidgets.org/
wxWindows Library Licence, Version 3.1
Copyright (c) 1998-2005 Julian Smart, Robert Roebling et al
Everyone is permitted to copy and distribute verbatim copies
of this licence document, but changing it is not allowed.
WXWINDOWS LIBRARY LICENCE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
This library is free software; you can redistribute it and/or modify it
under the terms of the GNU Library General Public Licence as published by
the Free Software Foundation; either version 2 of the Licence, or (at
your option) any later version.
This library is distributed in the hope that it will be useful, but
WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Library
General Public Licence for more details.
You should have received a copy of the GNU Library General Public Licence
along with this software, usually in a file named COPYING.LIB. If not,
write to the Free Software Foundation, Inc., 59 Temple Place, Suite 330,
Boston, MA 02111-1307 USA.
1. As a special exception, the copyright holders of this library give
permission for additional uses of the text contained in this release of
the library as licenced under the wxWindows Library Licence, applying
either version 3.1 of the Licence, or (at your option) any later version of
the Licence as published by the copyright holders of version
3.1 of the Licence document.
2. The exception is that you may use, copy, link, modify and distribute
under your own terms, binary object code versions of works based
on the Library.
3. If you copy code from files distributed under the terms of the GNU
General Public Licence or the GNU Library General Public Licence into a
copy of this library, as this licence permits, the exception does not
apply to the code that you add in this way. To avoid misleading anyone as
to the status of such modified files, you must delete this exception
notice from such code and/or adjust the licensing conditions notice
4. If you write modifications of your own for this library, it is your
choice whether to permit this exception to apply to your modifications.
If you do not wish that, you must delete the exception notice from such
code and/or adjust the licensing conditions notice accordingly.
NULLSOFT SCRIPTABLE INSTALL SYSTEM – used to install BeerSmith™
For additional details see http://nsis.sourceforge.net
Copyright (C) 1995-2009 Contributors
More detailed copyright information can be found in the individual source code files.
Applicable licenses • All NSIS source code, plug-ins, documentation, examples, header files and graphics, with the exception of the compression modules and where otherwise noted, are licensed under the zlib/libpng license. • The zlib compression module for NSIS is licensed under the zlib/libpng license. • The bzip2 compression module for NSIS is licensed under the bzip2 license. • The lzma compression module for NSIS is licensed under the Common Public License version 1.0.
This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software.
Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions: 1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required. 2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software. 3. This notice may not be removed or altered from any source distribution.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: 1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. 2. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required. 3. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software. 4. The name of the author may not be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Julian Seward, Cambridge, UK.
Common Public License version 1.0
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and b) in the case of each subsequent Contributor:
i) changes to the Program, and
ii) additions to the Program;
where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program.
"Contributor" means any person or entity that distributes the Program.
"Licensed Patents " mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program.
"Program" means the Contributions distributed in accordance with this Agreement.
"Recipient" means anyone who receives the Program under this Agreement, including all Contributors.
GRANT OF RIGHTS
a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form.
b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder.
c) Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient 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, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow Recipient to distribute the Program, it is Recipient's responsibility to acquire that license before distributing the Program.
d) Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement.
A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:
a) it complies with the terms and conditions of this Agreement; and
b) its license agreement:
i) effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose;
ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits;
iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and
iv) states that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange.
When the Program is made available in source code form:
a) it must be made available under this Agreement; and
b) a copy of this Agreement must be included with each copy of the Program.
Contributors may not remove or alter any copyright notices contained within the Program.
Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution.
Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify every other Contributor ("Indemnified Contributor") against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified Contributor may participate in any such claim at its own expense.
For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial Contributor's responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those damages.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
If Recipient institutes patent litigation against a Contributor with respect to a patent applicable to software (including a cross-claim or counterclaim in a lawsuit), then any patent licenses granted by that Contributor to such Recipient under this Agreement shall terminate as of the date such litigation is filed. In addition, if Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed.
All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive.
Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward reserves the right to publish new versions (including revisions) of this Agreement from time to time. No one other than the Agreement Steward has the right to modify this Agreement. IBM is the initial Agreement Steward. IBM may assign the responsibility to serve as the Agreement Steward to a suitable separate entity. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved.
This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.
Special exception for LZMA compression module
Igor Pavlov and Amir Szekely, the authors of the LZMA compression module for NSIS, expressly permit you to statically or dynamically link your code (or bind by name) to the files from the LZMA compression module for NSIS without subjecting your linked code to the terms of the Common Public license version 1.0. Any modifications or additions to files from the LZMA compression module for NSIS, however, are subject to the terms of the Common Public License version 1.0.