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- Computer Software License Agreement
-
- Flagship Industries, Inc.
- P.O. Box 198
- Maryville, Illinois 62062
-
-This is a computer software license agreement entered into
-between Flagship Industries, Inc. ("Flagship") and
-________________________________ ("User") for the use of Ventrilo
-2.0 Software, an internet-based communication software. Flagship
-hereby grants to the User a non-exclusive license to use the
-software in accordance with the terms of this agreement. As
-consideration for said license, the User agrees as follows:
-
-1. Reservation of rights. All rights not expressly granted to
-the User by this License Agreement are reserved by Flagship.
-
-2. Disassembly. The User understands and agrees that it shall
-not copy the program into any machine-readable or printed form,
-except for archival or for back-up purposed in accordance with
-the terms of this Agreement. The User will not reverse engineer,
-decompile, disassemble, translate, merge into another computer
-program or otherwise modify the software.
-
-3. Transfer of software. The User will not sublicense, assign,
-or transfer the license, the software, or any rights under this
-Agreement without the prior written consent of Flagship.
-
-4. Non-disclosure. The User, its employees and agents will
-hold the software in trust and confidence and shall not disclose
-the source code or other confidential information received
-through use of the software.
-
-5. Fees. A corporation or home user may use the software to
-host its own server, without a fee, provided it does not charge
-for its use directly or indirectly. Any home server, business,
-or corporation that charges for use of its server, directly or
-indirectly, shall be subject to licensing fees. Inclusion of a
-Ventrilo server as part of any rental or membership package shall
-be subject to a licensing fee which is calculated for servers
-which are configured to handle a maximum number of clients at any
-one time ("Maxclients") as US$0.10 multiplied by the number of
-servers multiplied by the number of Maxclients per server
-utilizing the Ventrilo software.
-
-As of the date of signing this Agreement User has _____ servers
-each configured for _____________ Maxclients, resulting in an
-initial licensing fee of US$__________________. User shall
-immediately report to Flagship any change in the number of
-servers or Maxclients in its system and its MONTHLY fee shall be
-adjusted accordingly at the beginning of the next month.
-
-6. Updates and new versions. In the event that updates or new
-versions of the software are developed, Licensor may at its
-discretion, make updates and new versions available to the User
-upon payment of a fee. Flagship may require the return of the
-original software to Flagship, or require that the User
-discontinue use of older versions of the software. If software
-is updated and made available to the User, the User may use the
-update only in accordance with the terms and conditions of this
-Agreement.
-
-7. This Agreement is effective upon opening of the software
-package, or its initial use if downloaded, and shall continue,
-unless terminated earlier in accordance with the terms herein.
-The User may terminate this Agreement at any time by returning
-the software and all copies and extracts therefrom to Flagship.
-
-8. Limited Warranty; Limitation of liability. Flagship
-warrants only that the software shall perform substantially in
-accordance with accompanying documentation under normal use for
-the period the license is valid. The entire and exclusive
-liability and remedy for breach of this Limited Warranty shall
-be, at Flagship's discretion, either (1) refund the used portion
-of any prepaid fee after notifying Flagship of a material defect
-or (2) electronically update defective software with corrected
-software to eliminate a defect. The User shall assume
-responsibility for the selection of the software and for the
-installation, use, and results obtained from the software. The
-entire risk as to the quality and performance of the software is
-borne by the User.
-FLAGSHIP EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, NON-
-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR
-PURPOSE. THERE IS NO WARRANTY OR GUARANTEE THAT THE OPERATION OF
-THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE, OR
-THAT THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF
-PERFORMANCE OR QUALITY EXCEPT AS EXPRESSLY PROVIDED IN THE
-LIMITED WARRANTY.
-
-No action for the above Limited Warranty may be commenced after
-one (1) year following the expiration date of the warranty. IF
-IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAY,
-THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY
-(90) DAYS FROM THE DATE THE SOFTWARE IN QUESTION WAS FIRST
-SUPPLIED TO CUSTOMER. If a limitation is not allowed, the above
-limitation may not apply to the User.
-
-9. Jurisdiction and Venue. This Agreement and the terms herein
-shall be governed by the laws of the state of Illinois. All
-disputes hereunder shall be resolved in Madison County, Illinois.
-
-10. Miscellaneous. This Agreement constitutes the entire
-understanding of the parties, and merges all prior
-communications, representations, and agreements. This Agreement
-may be modified only by a written agreement signed by both
-parties. If any provision of this Agreement is held invalid or
-unenforceable for any reason, such invalidity of unenforceability
-shall not affect any of the remaining provisions of this
-Agreement.
-
-Agreed this _____ day of __________________, 20____.
-
-FLAGSHIP INDUSTRIES, INC. USER
-
-
-By: __________________________ By:__________________________
- Brian Knapp, President
-
-
- __________________________
- (Print Name)
-
-
- __________________________
- (Address)
-
-
- __________________________