Creative Commons GNU Lesser General Public License

Kevin Burkholder / EarthAsylum Consulting
GNU Lesser General Public License
Version: 1.2; March 20, 2008

Copyright 2008, Kevin Burkholder [www.KevinBurkholder.com], some rights reserved.

This work is licensed under the Creative Commons GNU Lesser General Public License. To view a copy of this license, visit http://creativecommons.org/licenses/LGPL/2.1/

Redistribution and use in source and binary forms, with or without modification, may be permitted provided that the following conditions are met:

• Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

• Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

• Whether in source or binary form, the software must retain any identifying output including html, text, or http header records unless said output interferes with the function of the software or the application in which it is used.

• The names of the author(s) may not be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "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 COPYRIGHT OWNER OR CONTRIBUTORS 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.

Kevin Burkholder
EarthAsylum Consulting
307 Dampman Road
Honey Brook, PA 19344
www.KevinBurkholder.com | www.EarthAsylum.com
KBurkholder@EarthAsylum.com

In the United States and Canada, please register your software at http://www.kevinburkholder.com/sw_license.php#Register

When implementing this software, please notify the author at the above email address. Include any modifications or suggested enhancements that may be beneficial to the general public and/or other users.
For commercial applications, registration is required.

Limited Software License

Kevin Burkholder / EarthAsylum Consulting
Limited Software License
Version: 1.0; March 12, 2008

Copyright 2008, Kevin Burkholder [www.KevinBurkholder.com], some rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. This software may not be used for Commercial Purposes nor distributed commercially unless the terms of the companion “Commercial Software License Addendum” are met. The details of such license for this software, which includes payment requirements and the definitions of the terms "Commercial Purposes" and "Distributed Commercially", may be found on the web at www.KevinBurkholder.com or in the companion Commercial License, or may be obtained from the postal or email address below.

2. Redistributions in source code must retain the above copyright notice, this list of conditions, and the following disclaimer.

3. Redistributions in binary form must reproduce the above copyright notice, this list of conditions, and the following disclaimer in the documentation and/or other materials provided with the distribution.

4. The end-user documentation included with the redistribution, if any, must include the following acknowledgment:

"This product includes software developed by Kevin Burkholder [www.KevinBurkholder.com]."

Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear.

5. The names Kevin Burkholder and EarthAsylum must not be used to endorse or promote products derived from this software without prior written permission from Kevin Burkholder or EarthAsylum Consulting.

6. The right to distribute this software or to use it for any purpose does not give you the right to use Servicemarks or Trademarks of Kevin Burkholder or EarthAsylum.

7. If any files are modified, you must cause the modified files to carry prominent notices stating that you changed the files and the date and nature of any change.

8. Modified versions that are redistributed must not remove rights or licensing notices present in the product, nor cause them not to be displayed when the software is executed.

Disclaimer

THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER, AUTHOR, OR CONTRIBUTORS 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 DISTRIBUTION OR USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

The use of this or any software for unlawful, malicious, harassing, disruptive, or abusive purposes is not condoned.

Additional Software

In some cases others distribute this software with additional software copyright for the purpose of installation and execution. The above license for redistribution and modification does not apply to such additional software.

Kevin Burkholder
EarthAsylum Consulting
307 Dampman Road
Honey Brook, PA 19344
www.KevinBurkholder.com | www.EarthAsylum.com
KBurkholder@EarthAsylum.com

Due to commercial use and other restrictions, this license is not compatible with the GNU General Public License or other open-source licensing.

Addapted from Dan Bricklin's "licensing for a small ISV"

Commercial Software License Addendum

Kevin Burkholder / EarthAsylum Consulting
Commercial Software License Addendum
Version: 1.0; March 12, 2008

Copyright 2008, Kevin Burkholder [www.KevinBurkholder.com], some rights reserved.

Software licensed by Kevin Burkholder and/or EarthAsylum Consulting, that states that it may not be used for Commercial Purposes nor distributed Commercially unless the terms of the companion “Commercial Software License Addendum” are met, the "Software" is subject to the following additional license requirements for use or distribution.

Definitions

"Commercial Purposes" means you are a business with annual sales or revenues greater than $25,000 and use the software as part of that endeavor. (A "business" files business tax returns, including the personal Schedule C, or should if it was in the USA.) Non-profit educational institutions are not considered businesses for this license, nor are U.S. 501(c)(3) tax-exempt organizations. Use for training purposes in an educational setting within any business is not considered use for Commercial Purposes.

"Distributed Commercially" means a charge is made for the distribution, installation, training, etc., of the Software or the Software is used as part of a service or product for which payment is made or required.

Requirements

Payment of a License Fee to Kevin Burkholder and/or EarthAsylum Consulting, is required if the Software is used for Commercial Purposes. The current amount of the License Fee and method of payment may be obtained from the postal or email address below.

Before payment of the License Fee, the Software may be used for Commercial Purposes during a single 30-day Evaluation Period in order to determine whether or not the Software meets the intended needs and performs satisfactorily. After that Evaluation Period, a License Fee must be paid or else use of the Software must cease.

All use of the Software that is Distributed Commercially is considered use for Commercial Purposes, even if such use would not be considered commercial otherwise (e.g., use by an educational institution, or personal use). Also, in such case, the 30-day Evaluation Period does not apply. The responsibility for making sure that payment is made to Kevin Burkholder and/or EarthAsylum Consulting, rests with the distributor.

In the event that Kevin Burkholder and/or EarthAsylum Consulting, has ceased to exist, has officially released users of this Software from this Commercial License requirement through public notice, or is unresponsive to reasonable attempts to be paid, then these Commercial License requirements are waived.

Kevin Burkholder
EarthAsylum Consulting
307 Dampman Road
Honey Brook, PA 19344
www.KevinBurkholder.com | www.EarthAsylum.com
KBurkholder@EarthAsylum.com

Due to commercial use and other restrictions, this license is not compatible with the GNU General Public License or other open-source licensing.

Addapted from Dan Bricklin's "licensing for a small ISV"

General Software License Agreement

Kevin Burkholder / EarthAsylum Consulting
Software License Agreement
Version: 1.0; March 12, 2008

Copyright 2008, Kevin Burkholder [www.KevinBurkholder.com], all rights reserved.

This agreement is made and entered into by the copyright owner, authors and contributors (herein known as “Owner”) and you, your company and your employees (herein known as “licensee” or “you”).

This agreement pertains to the software in source code and/or machine-readable object code, all associated files and documentation (herein known as “the Software”).

Please review the following terms and conditions of this license agreement carefully before installing or using the software. By installing, copying or otherwise using the software, you are accepting and agreeing to the terms of this license agreement. If you are not willing to be bound by this agreement, do not install or use the software.

Various copyrights and other intellectual property rights protect the Software. This agreement is a license agreement that gives you limited rights to use the Software and not an agreement for sale or for transfer of title. The copyright owner retains all rights not expressly granted by this agreement.

License Grant

Upon the terms and conditions of this Agreement, the Owner grants the Licensee nontransferable license to use the Software.

Pursuant to this agreement, Licensee may a) use this software on any server owned, leased, and/or operated by Licensee; b) modify the Software and/or merge it into another program or make derivative works of the Software.

Property Rights And Restrictions

The Software and all modifications or enhancements to, or derivative works based on the Software, whether created by the Owner or Licensee, and all copyrights, patents, trade secrets, trademarks, servicemarks and other intellectual property rights protecting or pertaining to any aspect of the Software or any such modification, enhancement or derivative work are and shall remain the sole and exclusive property of the Owner. This Agreement does not convey title or ownership to Licensee but instead gives Licensee only the limited rights set forth in this Agreement.

Except as expressly set forth in this Agreement, Licensee has no right to use, make, sublicense, modify, transfer or copy either the original or any copies of the Software or to permit anyone else to do so. Licensee may not allow any third party to have access to the source code of the Software.

You may not remove, disable, modify, or tamper with any copyright, trademark or other proprietary notices and legends contained within the code of the Software.

The Software may contain valuable trade secrets and proprietary information belonging to Owner. Licensee must keep confidential and protect from unauthorized disclosure all such program code and all information that Owner expressly designates as confidential or that you reasonably should understand to be confidential or proprietary.

Licensee may not sublicense, assign or transfer the license or the Software except as expressly provided in this Agreement. Any attempt to otherwise sublicense, assign or transfer any of the rights, duties or obligations hereunder is null and void.

Indemnification

Licensee agrees to indemnify and hold Owner, parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Software, or the infringement by you, of any intellectual property or other right of any person or entity.

Limitation Of Liability

IN NO EVENT WILL OWNER BE LIABLE TO LICENSEE OR ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER, OR ANY LOSS OF REVENUE, DATA, USE, OR PROFITS, EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT OR OTHER LEGAL OR EQUITABLE THEORY.

This License is effective until terminated. Licensee may terminate this License at any time by destroying all copies of Software including any documentation. This License will terminate immediately without notice from Owner if Licensee fails to comply with any provision of this License. Upon termination, Licensee must destroy all copies of Software.

Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Licensee agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software.

This License shall be governed by and construed in accordance with the laws of the State of Pennsylvania, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this License shall remain in full force and effect. This License constitutes the entire License between the parties with respect to the use of the Software.

Kevin Burkholder
EarthAsylum Consulting
307 Dampman Road
Honey Brook, PA 19344
www.KevinBurkholder.com | www.EarthAsylum.com
KBurkholder@EarthAsylum.com