XPEAKER PUBLIC LICENSE (Version 1, July 15, 2007)

NOTE: This license is not the same as any of the GNU Licenses published by the Free Software Foundation. Its terms are substantially different from those of the GNU Licenses. If you are familiar with the GNU Licenses, please read this license with extra care.
 

This License applies to any computer program distributed under these terms and conditions. The "Program", below, refers to such programs, and a "work based on the Program" means either the Program or any derivative work of the Program.
 

BY MODIFYING OR DISTRIBUTING THE PROGRAM (OR ANY WORK BASED ON THE PROGRAM), YOU INDICATE YOUR ACCEPTANCE OF THIS LICENSE TO DO SO, AND ALL ITS TERMS AND CONDITIONS FOR COPYING, DISTRIBUTING OR MODIFYING THE PROGRAM OR WORKS BASED ON IT. NOTHING OTHER THAN THIS LICENSE GRANTS YOU PERMISSION TO MODIFY OR DISTRIBUTE THE PROGRAM OR ITS DERIVATIVE WORKS. THESE ACTIONS ARE PROHIBITED BY LAW. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT MODIFY OR DISTRIBUTE THE PROGRAM.
 

1. Licenses. Licensor hereby grants you the following rights, provided that you comply with all of the restrictions set forth in this License and provided, further, that you distribute an unmodified copy of this License with the Program:

1. You may copy and distribute literal (i.e., verbatim) copies of the Program's source code as you receive it throughout the world, in any medium.


2. You may modify the Program, create works based on the Program and distribute copies of such throughout the world, in any medium.

2. Restrictions. This license is subject to the following restrictions:

1. Distribution of the Program or any work based on the Program by a commercial organization to any third party will need a commercial license of the Program if any payment is made in connection with such distribution, whether directly (as in payment for a copy of the Program) or indirectly (as in payment for some service related to the Program, or payment for some hardware that needs the Program, or payment for some product or service that includes a copy of the Program "without charge"; these are only examples, and not an exhaustive enumeration of limited activities).


2. Activities other than copying, distribution and modification of the Program are not subject to this License and they are outside its scope. Functional use (running) of the Program is not restricted, and any output produced through the use of the Program is subject to this license only if its contents constitute a work based on the Program (independent of having been made by running the Program).


3. You must meet all of the following conditions with respect to the distribution of any work based on the Program
    
   1. If you have modified the Program, you must cause your work to carry prominent notices stating that you have modified the Program's files and the date of any change;
   
   
   2. You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole and at no charge to all third parties under the terms of this License;
   
   
   3. If the modified program normally reads commands interactively when run, you must cause it, at each time the modified program commences operation, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty). Such notice must also state that users may redistribute the Program only under the conditions of this License and tell the user how to view the copy of this License included with the Program. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.);
   
   
   4. You must accompany any such work based on the Program with the complete corresponding machine-readable source code, delivered on a medium customarily used for software interchange. The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable code. However, the source code distributed need not include anything when :
       

1. Is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable code.


2. It is not allowed due to any legal circumstance (as a NDA [Non Disclosure Agreement] signed with a hardware company for the device protocol development, or a specific law of a country, etc.; these are only examples, and not an exhaustive enumeration of them).
    

5. If you distribute any written or printed material at all with the Program or any work based on the Program, such material must include either a written copy of this License, or a prominent written indication that the Program or the work based on the Program is covered by this License and written instructions for printing and/or displaying the copy of the License on the distribution medium;


6. You may not impose any further restrictions on the recipient's exercise of the rights granted herein. If distribution of executable or object code is made by offering the equivalent ability to copy from a designated place, then offering equivalent ability to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source code along with the object code.
    

4. Reservation of Rights. No rights are granted to the Program except as expressly set forth herein. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.


5. Other Restrictions. If the distribution and/or use of the Program is restricted in certain countries for any reason, Licensor may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.


6. Limitations. THE PROGRAM IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY. THERE IS NO WARRANTY FOR THE PROGRAM, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL LICENSOR, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM 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 PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.