Table of Contents
This Storyboard End User License Agreement below ("Agreement") is an agreement between You and Crank Software Inc. ("Crank") of 1000 Innovation Drive, Suite 100, Kanata, Ontario, Canada K2K 3E7. It governs Your use of the Software (as defined in Section 1.24 (“Software”) below), unless You and Crank have executed an alternative Software license agreement (in which case You may ignore the terms of this Agreement). Permission to use the Software is conditional upon Your acceptance of the terms of this Agreement. Nothing else grants You permission to copy, use or modify the Software. These actions are prohibited by law if You do not accept these terms (unless You have an alternative Software license agreement with Crank). Registration or use of the Software may send Crank certain information as described in Section 4.2 (Activation) below, which information is governed by Crank’s Privacy Policy ("Privacy Policy", available at https://info.cranksoftware.com/privacy) which forms part of this Agreement.
BY CHOOSING THE "I ACCEPT THE AGREEMENT" OPTION IN THE SOFTWARE INSTALLER, OR BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE, YOU WILL HAVE INDICATED THAT YOU UNDERSTAND AND AGREE TO THIS AGREEMENT, INCLUDING CRANK’S PRIVACY POLICY. Do not proceed unless You are able and willing to enter into and comply with the terms of this Agreement. If You have any questions, please contact Crank before You proceed.
Acceptance will bind You to the terms of this Agreement in a legally enforceable contract with Crank. If You are accepting the terms of this Agreement on behalf of a company or other legal entity, You personally represent and warrant that You have the authority to bind that company or other legal entity to the terms of this Agreement, and, in such event, “You” and “Your” will refer to that company or other legal entity. If You do not accept all the terms of this Agreement (and do not have an alternate signed agreement with Crank), then Crank is unwilling to license the Software to You and You must immediately destroy all copies of the Software, License Certificates and License Keys in Your possession or control.
Storyboard End User License Agreement.
For good and valuable consideration, the receipt of which is hereby acknowledged, You and Crank (each a “Party”, and together the “Parties”) hereby agree as follows:
1. DEFINITIONS. In this Agreement:
1.1 "Affiliate" means with respect to any entity, any other entity that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with the entity in question, however such entity will be deemed to be an Affiliate only for so long as such control exists;
1.2 "Authorized Workstation" means an individual developer's workstation, laptop and/or home computer used to host and execute the Software for the Purpose, provided any Software thereon is used only by that individual and only on one of his/her computers at any one time;
1.3 “Commercially Released” means formally released, generally available and fully supported by Crank. “Commercially Released” does not include any: (i) release identified by Crank as an experimental, engineering, alpha, beta or unsupported release, (ii) any Custom Engineering Deliverables or custom Software builds; or (iii) any of the components identified in Subsections (ii), (iv) or (vi) of Section 1.21 (Runtime Components) below;
1.4 “Confidential Information” means: (i) any information marked or accompanied by documents clearly and conspicuously designating the information as “confidential” or the equivalent, (ii) any information identified by the disclosing Party (“Discloser”) in writing as confidential before, during or promptly after disclosure, (iii) any information contained in or derived from the Software Source Code, (iv) License Keys, and (v) the terms of this Agreement. “Confidential Information” does not include any information that: (a) is already known or becomes known to the receiving Party (“Receiver”) without an obligation to maintain the information as confidential, (b) has become publicly available through no wrongful act of the Receiver or its Representatives, (c) is independently developed without use of any Discloser Confidential Information, or (d) is general technical knowledge, experience, know-how or information in a non-tangible form that has been retained in the unaided memories of Representatives to whom the Confidential Information was disclosed, provided such individuals are unaware the information forms part of Discloser’s Confidential Information ("Residual Information"). An individual’s memory will be not be considered unaided if they have recorded or intentionally memorized Confidential Information to retain and subsequently use or disclose it;
1.5 “Custom Engineering Deliverables” means any Derivative Works of the Software or other custom software deliverable provided to You for the Project by Crank pursuant to a custom engineering engagement;
1.6 “Derivative Works” means any work of authorship based upon one or more preexisting works (including any revision, modification, translation, compilation, abridgement, condensation, expansion or any other form in which the preexisting works may be recast, transformed or adapted) that if prepared without authorization of the owner of the preexisting work would constitute infringement of the Intellectual Property rights of that owner;
1.7 “Developer Documentation” means the developer documentation, read-me files, release notes and License Guides that are provided by Crank in or for use with the Software;
1.8 “Error” means when a Commercially Released version of the Software fails to behave the way the Developer Documentation says it should and the problem is reproducible on a corresponding Reference Platform. “Error” does not include problems resulting from modifications to, or incorrect or improper configuration or use of, any Software, inadequate hardware resources, or any problems that are only reproducible on Target System hardware;
1.9 “Intellectual Property” or “IP” means any and all proprietary rights recognized in any jurisdiction in the world, including: (i) rights associated with works of authorship and software, including copyrights and moral rights, (ii) trademark, trade name, and trade dress rights and similar rights, (iii) trade secrets and confidential information rights, (iv) patent rights, patents, designs, algorithms and other industrial property rights, (v) all other intellectual and industrial property rights, however designated, and (vi) all registrations, priority rights, initial applications, renewals, extensions, continuations, divisions, reissues, and associated rights relating to any of the foregoing rights;
1.10 "License Certificate" means a document delivered to You by Crank to authenticate the Software licenses and Standard Support service subscriptions issued under this Agreement, including - the Software name and release, one or more License Keys and their respective expiry date(s) (if any), the conforming number of Licensed Users, and the start and end dates for corresponding Standard Support subscriptions;
1.11 “License Guide” means the Crank Software Third Party License Guide published at https://www.cranksoftware.com/product-licensing for the applicable version of the Software;
1.12 “License Key” means a unique license key and/or password issued by Crank and required by You to install or use the Software. Each License Key is for use by a single Licensed User, unless otherwise expressly provided in the corresponding License Certificate;
1.13 “Licensed User” means an individual Representative to whom You have assigned a License Key for the Crank Storyboard™ Designer tool suite;
1.14 “Modify” means: (i) compiling Sample Source Code (and Derivative Works thereof) into Object Code form, (ii) porting Sample Source Code to the Target System environment, (iii) correcting any errors in the Sample Source Code; and (iv) improving the performance of Sample Source Code, provided that any modifications made pursuant to Subsections (i) to (iv) of this Section 1.14 maintain compatibility with the published API specification for the Software;
1.15 “Object Code” means computer-programming code substantially in binary form that is directly executable by a computer after linking or processing, but without compilation or assembly;
1.16 “Open Source Software” or “OSS” means any software, firmware, data, font, documentation or content (collectively, “Materials”) licensed under terms that, as a condition of use, copying, modification and/or redistribution: (i) require such Materials (and/or any Derivative Works thereof) to be disclosed or distributed in Source Code form, licensed for the purpose of making Derivative Works, or distributed as free software, open source software or under a similar licensing and/or distribution model (“Reciprocal License”), including any version of the GNU GPL, GNU LGPL or Eclipse license, or (ii) only require that such Materials (and/or any Derivative Works thereof) be accompanied by a copy of, or expressly state they are licensed under, their original license terms (“Permissive License”), including any version of the BSD or MIT license. The License Guide identifies the license terms for all OSS delivered with the Software;
1.17 “Project” means an undertaking by or for You to develop, maintain and/or support a single Target System;
1.18 “Purpose” means: (i) for You, to design, develop, test, maintain and support the graphical user interfaces (“UI”) and user experience (”UX”) for Target Systems, and (ii) for Crank, to deliver Software-related services and deliverables to You or on Your behalf;
1.19 “Reference Platform” means, unless otherwise expressly agreed by Crank in writing: (i) for Runtime Components, the embedded processor, operating system and renderer, chosen from those identified in Developer Documentation as commercially supported by the Runtime Components, that are most represented of the corresponding components used in the Target System, and (ii) for other Software, a workstation meeting the specifications (including host operating system) specified in the Developer Documentation;
1.20 "Representative" means any director, officer, employee or individual agent of a Party and, subject to the provisions of Sections 2.9 (Affiliates, Consultants and Subcontractors), any: (i) director, officer, employee or individual agent of an Affiliate, (ii) any individual consultant or subcontractor of a Party or its Affiliate, and (iii) any employee of a consultant or subcontractor of a Party or its Affiliate;
1.21 “Runtime Components” means Object Code versions of Software components that are intended (as described in the Developer Documentation) to be integrated into and distributed as an integral part of Target Systems. “Runtime Components” include: (i) required Software libraries and utilities, (ii) Derivative Works of Sample Source Code, (iii) Updates to Runtime Components received pursuant to Your Standard Support subscriptions, (iv) Custom Engineering Deliverables expressly provided to You for distribution and use at no additional charge in Target Systems in association with other Runtime Components, (v) Solutions for Runtime Components provided pursuant to Section 7.1(a) (Software Performance) or Your Standard Support or Priority Support subscriptions, and (vi) any Crank-specific Improvements (as defined in Section 2.12 (Feedback) to Runtime Components. Unless otherwise expressly agreed by Crank in writing, “Runtime Components” do not include any Software identified by Crank as experimental, alpha, beta or trial software;
1.22 “Sample Source Code” means Source Code provided by Crank in or for use with the Software to provide implementation examples or to otherwise facilitate or accelerate Your Target System UI development efforts. “Sample Source Code” is not Commercially Released Software and may contain or require use of Third-Party Components;
1.23 “Subcontractor” means any individual or entity sub-contracted to provide Target System design, development, testing, manufacturing, maintenance or support services, including any independent contractor or consultant You retain in connection with a Project. “Subcontractor” does not include any individual or entity who purchases Target Systems as an end user or for re-distribution;
1.24 “Software” means, for a particular Project: (i) the Crank Storyboard™ Designer tool suite version(s) for which You have received one or more “Crank Software Storyboard Suite License Certificates”, which software includes a variety of development tools (such as debuggers, libraries, header files, utilities and a simulation engine) as well as Developer Documentation, Sample Source Code and Runtime Components; (ii) any optional Storyboard software development kit(s) (or “SDK(s)”) for which You have received one or more “Crank Software Storyboard SDK License Certificates”, and (iii) any Updates to (i) or (ii). “Software” includes Custom Engineering Deliverables but does not include any Third-Party Components;
1.25 “Solution” means an explanation, workaround or patch that addresses an Error;
1.26 “Source Code” means computer-programming code in human-readable form not suitable for machine execution (without the additional steps of interpretation or compilation) and includes hypertext-based and scripting code and extensions thereof;
1.27 “Target System” means a product designed by or for You that uses an embedded processor, operating system, renderer and copy of the Crank Storyboard Embedded Engine to generate a UI that significantly enhances the function and value of the Runtime Components. Any change (other than normal updates) to the embedded processor, operating system, renderer, or UI display screen size or resolution of a product after its first commercial shipment date constitutes a new Target System, unless otherwise expressly agreed by Crank in writing;
1.28 “Term” means: (i) for this Agreement, the period commencing on Effective Date and continuing until termination of this Agreement pursuant to Section 10 (Term and Termination), (ii) for any time-limited license, the period commencing on Effective Date and continuing until the end date of the applicable license term (as indicated in the corresponding License Certificate(s), as specified by Crank at the time of download, or as otherwise expressly provided by Crank in writing), unless earlier renewed in accordance with the terms herein, or unless earlier terminated pursuant to Section 2.3 (Evaluation Licenses), 2.4 (Educational Licenses) or Subsection (i) of this Section 1.28, and (iii) for any Service subscription, the period commencing on the start date and continuing until the end date of the applicable subscription term (as indicated in the corresponding License Certificate(s), or as otherwise expressly provided by Crank in writing), unless earlier renewed in accordance with the terms herein, or unless earlier terminated pursuant to Section 6.4 (Priority Support) or Subsection (i) of this Section 1.28;
1.29 “Third-Party Component” means: any components, including software programs, libraries, header files, utilities, plug-ins, codecs, fonts, data, content, API’s, specifications or documentation in any form, that: (i) are Open Source Software, (ii) require You as a condition of use, copying, modification and/or distribution of such materials to agree to alternative or supplementary terms, or (iii) are sourced by You from a third party, or for You by a third party. The License Guide identifies the license terms for all Third-Party Components in Subsections (i) and (ii) of this Section 1.29 delivered by Crank with or for Commercially Released versions of the Software;
1.30 “Updates” means any Commercially Released versions of the Software that provide error corrections, functional enhancements and/or performance improvements, including any intervening maintenance releases (such as service packs and patches). “Updates” are designated by a change to the minor version number (i.e. n.1 to n.2). They do not include major new software releases (e.g., Storyboard 5 to Storyboard 6) or access to unlicensed products or technologies (e.g., new features that Crank only offers as a separate or extra-cost enhanced royalty bearing Runtime Component, products or technologies formerly offered as separate royalty-bearing Runtime Components but that have been bundled into a single component that has a greater list price than the Runtime Component You want to update, or any technologies or features that require Crank to pay additional third-party fees). “Updates” include any Software component(s) made available to You by Crank in order to deliver a Solution.
Other capitalized terms defined in any part of this Agreement will have their indicated meaning throughout this Agreement.
2. LICENSING.
2.1 License Grant. Subject to the terms of this Agreement, including payment of all applicable license fees, Crank hereby grants to You for the Software identified in (and the number of Licensed Users authorized by License Keys provided in) License Certificates You have received from Crank (or from one of its authorized distributors) for Software licenses purchased for use under this Agreement, a non-exclusive, non-transferable, worldwide, license for the Term to:
use and copy (to the extent incidental to such use, including installation, backup and execution) the Object Code of the Software strictly as required to install the Software on Authorized Workstations and for Licensed Users to use such copies solely for the Purpose;
use, Modify and copy (to the extent incidental to such use and modification, including installation, backup, compilation, linking and execution) Sample Source Code strictly as required to install the Sample Source Code on Authorized Workstations and for Licensed Users to use such copies solely for the Purpose; and
use and copy (to the extent incidental to such use, including installation, backup and execution) the Object Code of the Runtime Components strictly as required to install such Runtime Components: (a) on a reasonable number of Target System development platforms (including Reference Platforms) for Licensed Users to use such copies internally for the Purpose, and (b) on one Target System for each Licensed User for You to use such Target Systems for demonstration, promotion, evaluation or training purposes, provided that such Target Systems are not left with any third parties.
For greater certainty, this Agreement does not provide You with any right to distribute any part of the Software (including any Runtime Components) in or for Target Systems for the intended end-user use by You or any third parties. Any such distribution requires a separate agreement with Crank.
2.2 Time Limited Licenses. If You received any Software under a time-limited license, then all Your license rights for that Software will end when the applicable Term ends. Crank may, at its discretion, include capabilities in the Software to remind You of upcoming Term limits and to prevent You from continuing to use the Software once the Term expires.
2.3 Evaluation Licenses. If You received any Software under an evaluation or beta license (collectively, “Evaluation License”), then, in addition to any Term restrictions, Your license rights in Section 2.1 (License Grant) are strictly limited to use of that Software for determining its suitability for Your intended Target System application, and expressly exclude any authorization to use that Software for any commercial development purposes. Crank reserves the right to end the Term of any Evaluation License at any time upon written notice.
2.4 Educational Licenses. If You received any Software under an “Educational License”, then, in addition to any Term restrictions, Your license rights in Section 2.1 (License Grant) are strictly limited to use of that Software for educational, academic, research, instructional, teaching and training purposes, and expressly exclude any authorization to use that Software for any commercial purposes. Crank reserves the right to further limit Educational License rights (including by stating restrictions in applicable License Certificates or License Guides, or at the time of Software download) and to end the Term of any Educational License at any time upon written notice.
2.5 Reservations / Restrictions. Except as specifically licensed in accordance with Section 2.1 (License Grant), You acquire no right, title or interest in or to any Software (including any Intellectual Property therein) or any other Crank Confidential Information. You agree not to do any of the following, and in no event will the license rights granted in Section 2.1 be construed as granting You (expressly or by implication, estoppel or otherwise) any right or license to do any of the following:
use any Crank technology other than the Software, or any Intellectual Property owned or licensed by Crank that is not embodied in the Software, or any Intellectual Property owned or licensed by Crank in relation to the use of technology other than the Software;
translate, adapt, arrange or otherwise alter or modify the Object Code of the Software except as allowed by local legislation implementing Article 6 of the EC Directive on the legal protection of computer programs (91/250/EEC) and then only to the extent necessary to achieve interoperability of an independently created program with other programs;
reverse compile the Object Code of the Software, or otherwise or otherwise attempt or assist others to reverse engineer any Source Code of the Software for any purpose (including error correction);
use the Software or any Crank Confidential Information to determining if any features, functions or processes provided or disclosed are covered by any patents or patent applications owned by You, to develop technology or products which avoid any of Crank’s Intellectual Property licensed hereunder, or as a reference for modifying existing patents or patent applications or creating any continuation, continuation in part, or extension of existing patents or patent applications;
use the Software or any Crank Confidential Information to generate data for publication or disclosure to third parties, which compares the performance or functionality of the Software (including the Runtime Components) with any other products created by You or a third party, without obtaining Crank’s prior written consent;
use the Software for any High-Risk Applications (as defined in Section 2.8 (High Risk));
distribute to any third parties any Software in or for Target Systems, except as and for the purposes expressly permitted in Section 2.9 (Affiliates, Consultants and Subcontractors);
directly or indirectly, export, import or transmit the Software to any country in contravention of the laws of that country or the laws of Canada or the United States; or
use unauthorized License Keys or otherwise attempt to circumvent any License Key activated, or evaluation period or subscription term expiry, mechanisms.
2.6 Ownership. Crank and its licensors retain all right, title and interest in and to the Software, including all Intellectual Property therein. All copies will be considered Software for the purpose of this Agreement and will remain the property of Crank and its licensors. Subject to any underlying rights in the Software, and subject to any Feedback provided under Section 2.12 (Feedback), You retain all right, title and interest in and to any Derivative Works, application software files, and data that You develop or generate using the Software for Your Target System UI or UX pursuant to this Agreement.
2.7 License Keys. Each Licensed User requires a dedicated Software License Key, but SDK License Keys can be shared by all Licensed Users within a single Project. Software License Keys can be re-assigned as developer assignments and Project demands change over time, provided that any License Key is not re-assigned more than once every thirty (30) days. SDK License Keys are Project-specific, so they cannot be re-assigned.
2.8 High Risk. Unless Crank has provided its express written consent, the Software may not be, and You will ensure that it is not, used in any application in which the failure of the Software could foreseeably lead to death, personal injury or severe physical or property damage (collectively, “High-Risk Applications”), including any use in nuclear power monitoring or control systems, mass transit monitoring or control systems, aircraft navigation, aircraft communication or air traffic monitoring or control systems, weapon systems, or in direct life support equipment. Crank expressly disclaims any express or implied warranty or condition of fitness of the Software for any High-Risk Applications.
2.9 Affiliates, Consultants and Subcontractors. You may sublicense Your license rights under Subsections (i) and (ii) of Section 2.1 (License Grant), and disclose Crank Confidential Information under Section 3 (Confidentiality), to Affiliates and to Subcontractors of You or Your Affiliates (collectively, “Sublicensees”) strictly for the purpose of providing Project-related services on Your behalf as and for so long as they remain Project collaborators, provided that You will be and remain responsible for ensuring compliance with the terms of this Agreement by all Sublicensees and for any breach of the terms of this Agreement by any of them. You will allocate the required number of Software License Keys for Sublicensees’ developers for the duration of their Project collaboration and will ensure any and all copies of the sublicensed Software and Crank Confidential Information are returned to You or destroyed when their Project collaboration ends. You acknowledge and agree that any breach of the terms of this Agreement by any Sublicensee will be treated as a breach of this Agreement by You, which will give Crank the right to terminate this Agreement in accordance with the provisions of Section 10 (Term and Termination).
2.10 Intellectual Property Notices. You will reproduce, and not remove or obscure, any notice incorporated in on or the Software by Crank to affirm Crank’s Intellectual Property therein and/or to acknowledge the Intellectual Property of any third party. You will also incorporate corresponding notices on all copies of the Software and any Derivatives Works thereof.
2.11 Third-Party Components. Third-Party Components (including Open Source Software) may be embedded in or bundled with the Software, as set forth in the applicable License Guide. You acknowledge and agree that: (i) use of OSS is expressly subject to the terms of any applicable Open Source Software license(s), (ii) this Agreement does not limit Your rights under, or grant You rights that supersede, the terms of such Open Source Software license(s), (iii) Crank will have no liability under the terms of this Agreement in respect of any Third-Party Components, including under the provisions of Sections 7.1 (Limited Warranties) and 8.1 (Infringement Indemnity). You are entitled to receive a copy of, distribute and/or modify any OSS in accordance with the applicable OSS license terms. If the Open Source Software license terms require the distribution of OSS Source Code, then Crank will provide the required Source Code upon receipt of a written request, if received within three (3) years from the date of OSS delivery and against payment of Crank’s shipping and handling charges.
2.12 Feedback. At Your option, Crank would like to receive any feedback You may have about the Software (i.e., regarding its utility, reliability, performance, user acceptance, and any features or functionality that You would like to see in future versions). Crank would also like to hear about any Software-related problems You have encountered. In order to incorporate any suggested improvements, Crank requires and You hereby agree to assign and waive all right, title and interest (if any) in and to all Crank-specific Improvements You may provide, including any associated Intellectual Property and moral rights, to and on behalf of Crank. In this Section 2.12 “Crank-specific Improvements” means any work-arounds, error corrections, enhancements or other suggestions or improvements to the Software that You provide to Crank.
3. CONFIDENTIALITY.
3.1 Disclosure and Use. Except as expressly provided below, a Receiver will use the Discloser’s Confidential Information solely for the Purpose, will maintain the Discloser’s Confidential Information in confidence and will apply security measures no less stringent than those the Receiver applies to its own like information, but not less than a reasonable degree of care, to prevent unauthorized use and disclosure of the Discloser’s Confidential Information. The Receiver will ensure any disclosure of the Discloser’s Confidential Information to Receiver’s Representatives is limited on a “needs-to-know” basis and is made under non-disclosure terms at least equivalent to those in this Section 3.1. Receiver may disclose Discloser’s Confidential Information: (i) to third parties to the extent required pursuant to a court order or as otherwise required by law, provided that Receiver promptly notifies Discloser upon learning of such requirement, (ii) to nominated third parties under written authority from Discloser, and (iii) to Receiver’s legal counsel, accountants or professional advisors.
4. DELIVERY AND ACTIVATION.
4.1 Delivery. Crank or its authorized distributor will deliver (or make available for download) the Software, and corresponding License Certificates, to (or by) You promptly after receipt of Your order under this Agreement.
4.2 Activation. The Software may require activation in order to order for Licensed Users to complete Software installation on their Authorized Workstations, in which case certain machine-specific information ("Activation Information") may be sent to Crank at the time of activation and periodically thereafter. Activation Information may include a Software identification number, MAC address, UUID, IP address, identification numbers set by hardware manufacturers and/or identification numbers related to the host operating system. During some instances of activation, Licensed Users may be asked for certain personal information such as their name, email address and company information (“Licensed User Information”). Other than Licensed User Information, Crank does not collect any personally identifiable information during activation. Crank will only use Licensed User Information in compliance with its Privacy Policy and for the purpose of performing its obligations and exercising its rights under this Agreement. Crank may collect Activation Information at any time and may use Activation Information and Licensed User Information for the purposes of verifying compliance with the terms of this Agreement.
4.3 Compliance. Crank may, or may have an independent third party, designated by Crank, audit and inspect You at any time during the Term of this Agreement, and for a period of three years thereafter, to assess whether all Software has been and is being handled, stored, and disposed of in accordance with the terms of this Agreement. Crank will provide You with at least five (5) days’ notice before commencing such an audit, and You agree to support, and not in any way hinder or delay, the execution of a properly noticed audit. If the Software is found to not have been handled, stored or disposed of, as required, You will be liable for the cost of the audit which must be paid to Crank no later than thirty (30) days after the completion of the audit. Crank may also require that You provide Crank with a written report to verify Your compliance with the terms of this Agreement. The report will be signed by an individual with the authority to bind You to this Agreement, who will confirm the accuracy of the report. The report will include the serial number of each Software product You have licensed, the MAC address or other unique identifier of each computer on which each copy of the Software is installed, and confirmation that each Software user has the Software installed only on his/her Authorized Workstations.
5. FEES.
5.1 Fees. You agree to pay to Crank (or its authorized distributor in the case of indirect sales) in accordance with the terms of this Section 5 the Software license and/or support subscription (or renewal) fees (“Fees”) set out in invoices issued accurately in response to Your orders.
5.2 Taxes. All sums stated under this Agreement are in United States dollars and do not include taxes. All applicable taxes will be payable by You in accordance with relevant legislation in force at the relevant tax point. Any income or other tax which You are required by law to pay or withhold on behalf of Crank with respect to any fees payable under this Agreement may be deducted from the amount of such fees otherwise due, provided, however, that in regard to any such deduction: (i) You will give to Crank such assistance as may be necessary to enable or assist Crank to claim exemption therefrom, or credit therefor, and will upon request furnish to Crank such certificates and other evidence of deduction and payment thereof as Crank may properly require, and (ii) You will in each case pay an additional amount to Crank such that the net amount actually received by Crank will, after all such withholdings, equal the full amount of the sum then due. Any amounts recovered (or credits obtained and successfully applied) by Crank under Subsection (i) of this Section 5.2 will be credited to the next payment of Fees to be made by You under this Agreement.
5.3 Payment. You agree to pay to Crank (or its authorized distributor in the case of indirect sales) all properly invoiced Fees under this Agreement on or before the thirtieth (30th) day after the invoice date (“Due Date”). Invoices will be sent for payment to the mailing and/or email addresses set out in Your corresponding orders. If any properly invoiced Fee is not paid by the Due Date, then without prejudice to any other rights and remedies, Crank (or its authorized distributor in the case of indirect sales) reserves the right to charge interest on the outstanding amount from the from the Due Date until the date of payment at a rate equal to the lesser of twelve percent (12%) per year and the maximum amount permitted by law.
6. SERVICES.
6.1 Support Entitlements. Your right to obtain maintenance and support services for the Software is subject to Your purchase (and ongoing renewal) of Standard Support and Priority Support service subscriptions (collectively “Services”), as provided below.
6.2 Standard Support. “Standard Support” is a subscription-based maintenance and support offering from Crank that entitles Your subscribing Licensed Users to the technical support service and Update entitlements described in Section 6.3 (Standard Support Entitlements) for a period of one year. Standard Support subscriptions are specific to the Licensed Users, Software products and time period for which subscription fees have been paid (respectively, “Subscribing Users”, “Covered Software” and “Subscription Period”). Standard Support subscription fees (“Standard Support Fees”) are specified for the first subscription-year on corresponding Software License Certificates issued to You by Crank (or its authorized distributor in the case of indirect sales), and subsequently on corresponding subscription-renewal invoices. Subscription Periods end on the anniversary of the first day of the month following the date of the original corresponding Standard Support subscription invoice, unless You first renew the subscription by delivering a purchase order to Crank for the applicable Standard Support Fee(s) for the next Subscription Period at least thirty (30) days prior to the expiry date. Subscription Periods may not be renewed once expired and may not be initiated if declined at time of applicable Software license purchase. Crank may cease to provide Standard Support for any Software upon twelve (12) months prior notice.
6.3 Standard Support Entitlements. Subscribing Users are eligible for the following Standard Support maintenance and support services and Update entitlements for Covered Software throughout the applicable Subscription Period.
Technical Support. Telephone, email and web-based assistance: (a) with Software installation and configuration issues, and (b) to understand the functionality and behavior of specific Software parts;
Error Support. Telephone, email and web-based assistance: (a) to help isolate problems encountered to verify whether (or not) they are Errors; (b) to provide You with Solutions for known Errors; and (c) to submit problem reports for confirmed Errors that do not have current Solutions. Crank reserves the right to publish information (including work-arounds and fixes) relating to any issues You report for the benefit of the Storyboard development community, provided that Crank does not publish any details that would identify You or Your customers; and
Updates. Access to Updates for use under the terms of this Agreement. Updates: (a) may only be used if they are first made available by Crank before You purchased the applicable License Certificate or during the Subscribing User’s Standard Support subscription for the Covered Software, (b) may not be shared with any other individual, unless they too are a Subscribing User who is entitled to use them, and (c) do not include any Crank products You have not licensed commercially.
6.4 Priority Support. “Priority Support” is a pre-paid support service offering from Crank that entitles You to tailor Your own Software support plan, within reason. You can initiate and replenish Your Priority Support subscription by purchasing a block of Priority Support service hour credits (“Priority Support Hours”) in advance. Crank then deploys its Priority Support technical support and R&D resources, as required in Crank’s reasonable discretion, against those person-hour credits to deliver the agreed upon Software-related support services. Priority Support Hours are available in fixed blocks of time for use over a maximum period of twelve (12) months from the date of Crank’s corresponding invoice (“Priority Support Subscription Term”). If Your order does not specify a schedule for use of Priority Support Hours, then Crank will prorate them into equal weekly allotments over the Priority Support Subscription Term and will use reasonable efforts to accommodate variance in Your actual demand over the subscription period. Any unused Priority Support Hours expire at the end of the scheduled Priority Support Subscription Term. Priority Support Subscription Terms end immediately once all Priority Support Hours have been used up (if not replenished). Crank will notify You if Your Priority Support Hours are at risk of being exhausted or expiring. Priority Support Hours are specific to a single Project and require all active Authorized Users to be Standard Support Subscribing Users for the entire Priority Support Subscription Term.
6.5 Priority Support Entitlements. Subject to reasonable advance notice to Crank, Priority Support allows You to use Your Priority Support Hours to:
Pursue the reproduction, isolation and correction of Errors based on Your priorities and schedule (including monitoring progress and making adjustments as Your Project proceeds);
Extend Crank support to Crank-supplied custom engineering deliverables;
Host Your Target System hardware at Crank to accelerate the investigation and resolution of Target System platform integration issues;
Provide custom builds of Runtime Components;
Provide, in exceptional cases (as determined by Crank in its sole discretion, e.g., if Crank has been unable to resolve a critical Error in field-deployed Target Systems remotely), Priority Support at Your premises or host members of Your Project Team at Crank’s offices, in each case subject to Your agreement to pay all reasonable travel, accommodation and living expenses thereby incurred;
Supplement Runtime Component and Solution testing processes; and
Extend the life of Software version support.
If as part of Your Priority Support Crank Modifies any Sample Source Code, or prepares any Derivative Works of any Software or any other custom software deliverables, then subject to any pre-existing underlying rights, Crank shall own all right, title and interest in and to all such deliverables, including all Intellectual Property therein.
6.6 No Consulting. Standard Support and Priority Support services provided under this Agreement do not include the provision by Crank of any information relating to the design of products incorporating the Runtime Components. Consulting services may be available from Crank under the terms of a separate written agreement. Services supplied by Crank may not be used either: (i) as a substitute for training, or (ii) as additional engineering resource for Your Project.
6.7 Hours and Location. All Services will be provided weekdays (excluding Saturday, Sunday and statutory holidays in the Province of Ontario) from Crank’s head office in Kanata Ontario during Crank’s regular office hours in the Eastern time zone.
6.8 Software Version Support. Crank will provide Services for the most recent Commercially Released version of the relevant Software and for the previous Commercially Released version that it replaced. Crank is not obligated to provide Services for any older or modified versions of the Software, or for other related software created by or for You. In such cases, Crank may, in its sole discretion, be prepared to extend services to You as part of a Priority Support plan.
7. WARRANTIES.
7.1 Limited Warranties.
Software Performance. For a period of ninety (90) days from Your first purchase of a Software license for Your Project, Crank warrants to You that the Software as delivered by Crank will perform substantially in accordance with the Developer Documentation. Crank’s total liability and Your exclusive remedy for any breach of the warranty provided in this Subsection 7.1(a) will be for Crank to use commercially reasonable efforts to: (i) promptly correct any Errors and deliver the corrected Software to You; or (ii) replace the defective Software. THE FOREGOING STATES THE ENTIRE LIABILITY OF CRANK WITH RESPECT TO BREACH OF THE WARRANTY PROVIDED IN THIS SUBSECTION 7.1(a).
Services. Crank warrants to You that it will perform the Services: (i) using personnel of required skill, experience and qualifications, (ii) in accordance with generally recognized industry standards for similar Services, and (iii) without infringing any third party copyright, misappropriating any third party trade secrets, or knowingly infringing any third party patent rights. Crank’s total liability and Your exclusive remedy for any breach of the warranty provided in this Section 7.1(b) will be for Crank to use commercially reasonable efforts to promptly repeat the Services to correct any deficiencies. THE FOREGOING STATES THE ENTIRE LIABILITY OF CRANK WITH RESPECT TO BREACH OF THE WARRANTY PROVIDED IN THIS SUBSECTION 7.1(b).
Non-Infringement. Crank warrants to You that to Crank’s knowledge as of the Effective Date: (i) the Software does not infringe any third-party copyright or misappropriate any third-party confidential information; and (ii) there are no pending claims or actions commenced or threatened against Crank for infringement by the Software of any third-party Intellectual Property. YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THE WARRANTIES PROVIDED IN THIS SUBSECTION 7.2(c) WILL BE PROVIDED UNDER THE INDEMNIFICATION IN SECTION 8.1 (INFRINGEMENT INDEMNITY).
7.2 WARRANTY DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 7.1 (LIMITED WARRANTIES), THE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATION, WARRANTY, UPGRADES, OR SUPPORT OF ANY KIND. CRANK AND CRANK'S AFFILIATES, LICENSOR(S) AND SUPPLIER(S) (COLLECTIVELY REFERRED TO AS "CRANK" FOR THE PURPOSES OF THIS SECTION 7 (WARRANTIES) AND SECTION 9 (LIMITATION OF LIABILITY)) EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF ACCURACY. CRANK DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT SOFTWARE DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE WILL BE COMPATIBLE WITH FUTURE CRANK PRODUCTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CRANK OR A CRANK REPRESENTATIVE WILL CREATE A REPRESENTATION, WARRANTY OR CONDITION UNDER THIS AGREEMENT.
8. INDEMNITY.
8.1 Infringement Indemnity. Except as provided under Section 8.2 (Limitations), in the event of a suit against You based upon a claim that the Software delivered by Crank to You, when used in accordance with the provisions of this Agreement, infringes any third-party Intellectual Property, Crank agrees, subject to the limitations of Section 9 (Limitation of Liability), to defend You, at Crank’s expense, and to pay, indemnity and hold You harmless from any costs and damages finally awarded in any such suit or agreed to in any settlement, provided that: (i) Crank is promptly notified by You, in writing, of any threats, claims and proceedings related thereto, (ii) Crank has sole control of the defense and any settlement thereof, (iii) You do not make any admission of liability nor settle or otherwise compromise any such claim without Crank's prior written consent, (iv) You furnish to Crank, upon request, any information available to You relating to the defense of such claim, (v) You provide reasonable assistance to Crank in the defense of such claim, and (vi) You cease use of the Software which is the subject of the infringement claim upon receipt from Crank of any non-infringing replacement for such Software. THE FOREGOING STATES THE ENTIRE LIABILITY OF CRANK WITH RESPECT TO INFRINGEMENT BY THE SOFTWARE OF ANY THIRD-PARTY INTELLECTUAL PROPERTY.
8.2 Limitations. Crank will have no liability under Section 8.1 (Infringement Indemnity) in respect of: (i) any infringement arising from: (a) the combination of the Software with other products not supplied by Crank if such infringement would not have occurred but for such combination, or (b) any modification of the Software by or for You if such infringement would not have occurred but for such modification; (ii) any suit brought by a third party against You based upon a claim that any of the Software delivered by Crank to You under this Agreement infringes a patent owned by such third party where such claim has been made by such third party in response to an initial claim by You that such third party infringes any patent owned or controlled by You; or (iii) in respect of any suit brought by a third party against You based upon a claim that any of the Software delivered by Crank to You under this Agreement infringes a patent owned by such third party where such claim is based on the implementation of a Standard. In this Section 8.2, “Standard” means any industry standard, including any standards of ITU, IEEE, ETSI, ISO, MPEG, CSS, DVD, JPEG, DivX, Dolby, AVC/H.264, ATM Forum, Frame Relay Forum, SMPTE, ATSE, GSM, IETF, OpenGL, Posix, OpenVG or DirectFB.
8.3 Mitigation. If either a third party alleges, or Crank has any concerns, that any Software infringes or may infringe the Intellectual Property of a third party, then without any admission of liability, Crank at its option and expense may develop an Update to the relevant Software which in Crank’s opinion avoids such alleged infringement and upon receipt of such Update from Crank, You will in respect of any new Target Systems that have not been shipped or any shipped Target Systems that may be updated, immediately cease use of the Software which the Update replaces. Crank will only be liable under Section 8.1 (Infringement Indemnity) for any damages awarded by a court, for infringement by the Software of the Intellectual Property of a third party, up to the date upon which such court issues its judgment. Crank will have no continuing liability under Section 8.1 for any loss suffered by You in respect of the same infringement after the date of such judgment.
9. LIMITATION OF LIABILITY.
9.1 EXCEPT TO THE EXTENT SUCH A LIMITATION IS PROHIBITED BY LAW, IN NO EVENT WILL CRANK BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SOFTWARE WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF CRANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL CRANK'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND CLAIMS UNDER OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO CRANK UNDER THIS AGREEMENT.
Nothing in this Agreement will limit or exclude Crank’s liability for death or personal injury caused by its negligence or for fraudulent misrepresentation or for any other liability which by law cannot be excluded.
10. TERM AND TERMINATION.
10.1 Term. This Agreement will commence on the Effective Date and will continue in force for each Software license and Service subscription purchased for the applicable Term unless earlier terminated in accordance with the provisions of Section 10.2 (Termination by Either Party).
10.2 Termination by Either Party. Without prejudice to any other right or remedy which may be available to it, either Party will be entitled to immediately terminate this Agreement by giving written notice to the other, if the other Party: (i) has committed a material breach of any of its obligations under this Agreement which is not capable of remedy, (ii) has committed a material breach of any of its obligations under this Agreement which is capable of remedy but which has not been remedied within a period of thirty (30) days following receipt of written notice to do so, (iii) any circumstances arise which would entitle the court or a creditor to appoint a receiver, administrative receiver or administrator or to present a winding-up petition or make a winding-up order, (iv) makes any voluntary arrangement with its creditors for the general settlement of its debts or becomes subject to an administration order, or (v) has an order made against it, or passes a resolution, for its winding-up (except for the purposes of amalgamation or reconstruction) or has a receiver or similar officer appointed over all or substantially all of its property or assets.
10.3 Effect of Termination or Expiration. Upon expiration or termination of this Agreement by either Party in accordance with Section 10.2 (Termination by Either Party), You will immediately discontinue all use of any and all Software, Crank Confidential Information and any products or materials embodying such technology or information. Recipient will, at Discloser’s option, either destroy or return to Discloser any Discloser Confidential Information, including in any copies thereof in its possession (which in Your case includes any Software or Derivative Works thereof in Your possession). Within thirty (30) days of Discloser’s written request after termination of this Agreement, Recipient will furnish to Discloser a certificate signed by a duly authorized representative of Recipient that to the best of his or her knowledge, information and belief, after due enquiry, Recipient has complied with provisions of this Section 10.3. Termination is without prejudice to any right or remedy that may have accrued or be accruing to either Party prior to termination. Termination will not relieve You of Your obligation to pay Crank any and all Fees or other amounts due under this Agreement at any time or for any period. Any pre-payment of license or subscription fees is non-refundable.
10.4 Surviving Provisions. The provisions of this Agreement that are expressed or by their sense and context are intended to survive the termination of this Agreement will survive, including Sections 1 (Definitions), 2.5 (Reservations/Restrictions), 2.6 (Ownership), 2.9 (Affiliates, Consultants and Subcontractors - to the extent that any obligations under this Section remain outstanding), 2.12 (Feedback), 3 (Confidentiality), 4.3 (Compliance), 5 (Fees - to the extent that any rights and obligations under this Section remain outstanding), 7.2 (Warranty Disclaimer), 8 (Indemnities), 9 (Limitation of Liability), 10 (Term and Termination) and 11 (General) will survive termination.
11. GENERAL.
11.1 Assignment. Neither Party will assign or otherwise transfer this Agreement or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of the other Party, which will not be unreasonably withheld. An assignment will be deemed to include, without limitation: (i) any transaction or series of transactions whereby a third party acquires, directly or indirectly, the power to control the management and policies of the Party, whether through the acquisition of voting securities, by contract or otherwise: or (ii) the sale of more than fifty percent (50%) of the Party’s assets whether in a single transaction or series of transactions. A mere change in a Party's organizational structure (such as reincorporation in a different jurisdiction or a change in legal form) not accompanied by a sale or other transfer of securities or assets, merger, reorganization, business combination or other similar transaction involving a third party shall not be deemed a prohibited assignment or transfer under this Agreement.
11.2 Force Majeure. Neither Party will be liable for any failure or delay in its performance under this Agreement due to causes, including, but not limited to, acts of God, acts of civil or military authority, fires, epidemics, floods, earthquakes, riots, wars, sabotage, third-party industrial disputes and governments actions, which are beyond its reasonable control: provided that the delayed Party: (i) gives the other Party written notice of such cause promptly, and in any event within fourteen (14) days of discovery thereof: and (ii) uses its reasonable efforts to correct such failure or delay in its performance. The delayed Party’s time for performance or cure under this Section 11.2 will be extended for a period equal to the duration of the cause.
11.3 Independent Contractors. The Parties are independent contractors, and nothing in this Agreement creates an employer-employee relationship, a partnership, joint venture, agency, employment or other relationship between the Parties. No Party will represent itself to be an employee, representative or agent of another Party. No Party has authority to assume or create obligations of any kind on the other Party’s behalf.
11.4 Modification; Waiver. This Agreement may not be modified except by a written agreement dated after the Effective Date and signed by the Party against which it is to be enforced. A waiver of one breach under this Agreement is not a waiver of any other breach. No waiver will be effective unless signed by the waiving Party.
11.5 Enforceability. The provisions contained in each Section and Subsection of this Agreement will be enforceable independently of each of the others and if a provision of this Agreement is, or becomes, illegal, invalid or deemed unenforceable by any court or administrative body of competent jurisdiction it will not affect the legality, validity or enforceability of any other provisions of this Agreement. If any of these provisions is so held to be illegal, invalid or unenforceable but would be legal, valid or enforceable if some part of the provision were deleted, the provision in question will apply with such modification as may be necessary to make it legal, valid or enforceable.
11.6 Entire Agreement; Counterparts. This Agreement, including the Privacy Policy, is the entire agreement between the Parties regarding the subject matter hereof. It supersedes all prior and contemporaneous agreements and communications about the subject matter. Also, other terms on any purchase order (other than Software licenses or Service subscriptions ordered), any response to it (other than invoiced Fees), or any other document will have no effect.
11.7 Export. You will not directly or indirectly export, re-export, transmit, or cause to be exported, re-exported or transmitted, any Software to any country, individual, corporation, organization, or entity to which such export, re-export, or transmission is restricted or prohibited, including any country, individual, corporation, organization, or entity under sanctions or embargoes administered by the US Departments of State, Treasury or Commerce, Global Affairs Canada, the European Union, or any other applicable government authority. Supplier will not use Software or knowingly export, re-export, or transmit any Software to any party who may use the Software in relation to nuclear, biological or chemical weapons or missile systems capable of delivering same or the development of any weapons of mass destruction. You are responsible for obtaining any license required to export, re-export, import, or transmit Software under applicable export/import controls laws and regulations.
11.8 US Government. The Software provided under this Agreement consists solely of commercial items. You are responsible for ensuring that any Software provided to the US Government in accordance with the terms of this Agreement is provided with the rights and restrictions described elsewhere herein.
11.9 No Third-Party Beneficiaries. Except as expressly stated in this Agreement, nothing in this Agreement will confer on any third party the right to enforce any provision of this Agreement.
11.10 Language; Interpretation; Currency. This Agreement is executed in English only. Any translation of this Agreement into another language will be for reference only and without legal effect. The Parties have fully negotiated this Agreement, and it will be interpreted according to the plain meaning of its terms without any presumption that it should be construed either for or against either Party. Unless otherwise expressly stated, when used in this Agreement “include,” “includes,” and “including” are not exclusive or limiting; “Section” and “Subsection” refers to this Agreement’s provisions; “days” refers to consecutive calendar days including Saturdays, Sundays and holidays; “dollars” and the symbol “$” refer to United States dollars; and “Schedule” refers to the Schedules attached to this Agreement (if any). Section headings in this Agreement are for ease of reference only.
11.11 Notice. Unless otherwise agreed to by the Parties, all notices required under this Agreement [(except those relating to*)] will be deemed effective when received and made in writing by either: (i) registered mail, (ii) internationally recognized courier, or (iii) certified mail, return receipt requested, to the addresses identified in a purchase order or invoice issued under this Agreement.
11.12 Applicable Law. The validity, construction and performance of this Agreement will be governed by the laws of the Province of Ontario, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.
11.13 Account Reference. The Parties each agree to allow the other Party to display its name (and, if applicable, its logo) as a customer/supplier in the Party’s marketing/sales collateral and advertising.
Table of Contents
Crank Software incorporates certain third party software in our software suite. The license terms associated with this software require that we give copyright and license information, and this Third Party License Terms List (“TPLTL”) provides those details.
These third party software components are used within the Storyboard Designer product but are not distributed with any of the Storyobard Engine runtimes. These components are used on all Storyboard Designer host platforms (Windows, MacOS and Linux)
The OpenJDK Java SE runtime, https://openjdk.java.net/, is packaged with Storyboard Designer to ensure a common Java execution environment
The license terms for the OpenJDK Runtime Environment (version 11.0.2+9) is available electronically from https://openjdk.java.net/legal/ as the GNU General Public License, version 2, with the Classpath Exception.
The Eclipse platform http://www.eclipse.org is used to provide the base execution environment for Storyboard Designer.
The license terms for the Eclipse Public License (version 2.0) is available electronically from https://www.eclipse.org/legal/epl-2.0/.
The FastCSV parser https://github.com/osiegmar/FastCSV is used by the translation automation tooling in Designer to read and write comma separated value (CSV) files.
FastCSV is a ultra fast and simple RFC 4180 compliant CSV library for Java, licensed under the Apache License, Version 2.0.
The GSON library https://github.com/google/gson is used to parse the Storyboard Engine runtime configuration files that are included with each runtime package.
GSON is a Java serialization/deserialization library to convert Java Objects into JSON and back, licensed under the Apache License, Version 2.0.
The Lightweight Java Game Library (version 2) http://lwjgl.org/ is used to provide the 3D model rendering within Storyboard Designer.
The license terms for the Lightweight Java Game Library (version 2) is available from http://legacy.lwjgl.org/license.php.html
These third party software components are used within the Storyboard Engine product.
The yxml library (https://dev.yorhel.nl/yxml) provides a streaming XML parsing support for the Storyboard Engine. This is a replacement for the previously used ezxml XML parsing library.
Applies To:
The yxml XML parsing library is used by all Storyboard Engine runtime configurations
The licensing terms are available in the projects source repository: https://g.blicky.net/yxml.git/tree/COPYING
Copyright (c) 2013-2014 Yoran Heling
Permission is hereby granted, free of charge, to any person obtaining
a copy of this software and associated documentation files (the
"Software"), to deal in the Software without restriction, including
without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Software, and to
permit persons to whom the Software is furnished to do so, subject to
the following conditions:
The above copyright notice and this permission notice shall be included
in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY
CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT,
TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE
SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
The SOIL library (http://www.lonesock.net/soil.html) is used to load images in a Storyboard application.
Applies To:
The SOIL image library is used by all Storyboard Engine runtime configurations
Jonathan Dummer
2007-07-26-10.36
Simple OpenGL Image Library
Public Domain
using Sean Barret's stb_image as a base
Thanks to:
* Sean Barret - for the awesome stb_image
* Dan Venkitachalam - for finding some non-compliant DDS files, and patching some explicit casts
* everybody at gamedev.net
The FreeType Project's www.freetype.org) library is used by the Storyboard Engine for non-bitmap font rendering.
Applies To:
All Storyboard Runtime Engines using sbfreetype libraries
Applies To:
Unless explicitly configured, all Storyboard Engine render plugins link against the FreeType libraries.
Portions of this software are copyright © <2011> The FreeType
Project (www.freetype.org). All rights reserved.
Legal Terms
===========
0. Definitions
--------------
Throughout this license, the terms `package', `FreeType Project',
and `FreeType archive' refer to the set of files originally
distributed by the authors (David Turner, Robert Wilhelm, and
Werner Lemberg) as the `FreeType Project', be they named as alpha,
beta or final release.
`You' refers to the licensee, or person using the project, where
`using' is a generic term including compiling the project's source
code as well as linking it to form a `program' or `executable'.
This program is referred to as `a program using the FreeType
engine'.
This license applies to all files distributed in the original
FreeType Project, including all source code, binaries and
documentation, unless otherwise stated in the file in its
original, unmodified form as distributed in the original archive.
If you are unsure whether or not a particular file is covered by
this license, you must contact us to verify this.
The FreeType Project is copyright (C) 1996-2000 by David Turner,
Robert Wilhelm, and Werner Lemberg. All rights reserved except as
specified below.
1. No Warranty
--------------
THE FREETYPE PROJECT IS PROVIDED `AS IS' WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. IN NO EVENT WILL ANY OF THE AUTHORS OR COPYRIGHT HOLDERS
BE LIABLE FOR ANY DAMAGES CAUSED BY THE USE OR THE INABILITY TO
USE, OF THE FREETYPE PROJECT.
2. Redistribution
-----------------
This license grants a worldwide, royalty-free, perpetual and
irrevocable right and license to use, execute, perform, compile,
display, copy, create derivative works of, distribute and
sublicense the FreeType Project (in both source and object code
forms) and derivative works thereof for any purpose; and to
authorize others to exercise some or all of the rights granted
herein, subject to the following conditions:
o Redistribution of source code must retain this license file
(`FTL.TXT') unaltered; any additions, deletions or changes to
the original files must be clearly indicated in accompanying
documentation. The copyright notices of the unaltered,
original files must be preserved in all copies of source
files.
o Redistribution in binary form must provide a disclaimer that
states that the software is based in part of the work of the
FreeType Team, in the distribution documentation. We also
encourage you to put an URL to the FreeType web page in your
documentation, though this isn't mandatory.
These conditions apply to any software derived from or based on
the FreeType Project, not just the unmodified files. If you use
our work, you must acknowledge us. However, no fee need be paid
to us.
3. Advertising
--------------
Neither the FreeType authors and contributors nor you shall use
the name of the other for commercial, advertising, or promotional
purposes without specific prior written permission.
We suggest, but do not require, that you use one or more of the
following phrases to refer to this software in your documentation
or advertising materials: `FreeType Project', `FreeType Engine',
`FreeType library', or `FreeType Distribution'.
As you have not signed this license, you are not required to
accept it. However, as the FreeType Project is copyrighted
material, only this license, or another one contracted with the
authors, grants you the right to use, distribute, and modify it.
Therefore, by using, distributing, or modifying the FreeType
Project, you indicate that you understand and accept all the terms
of this license.
The Lua engine (http://www.lua.org) provides a script interface for manipulating content in a Storyboard application.
Applies To:
The Lua Storyboard Engine plugin
License for Lua 5.0 and later versions
Copyright © 1994-2008 Lua.org, PUC-Rio. Permission is hereby granted,
free of charge, to any person obtaining a copy of this software and
associated documentation files (the "Software"), to deal in the Software
without restriction, including without limitation the rights to use, copy,
modify, merge, publish, distribute, sublicense, and/or sell copies of the
Software, and to permit persons to whom the Software is furnished to do so,
subject to the following conditions: The above copyright notice and this
permission notice shall be included in all copies or substantial portions of
the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO
EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM,
DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR
OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE
USE OR OTHER DEALINGS IN THE SOFTWARE.
The NetBSD getopt argument parsing function is used to parse
command line arguments.
Applies To:
The Storyboard Runtime engines used on all Windows platforms
(win32, wince, wincompact7, wec2013) includes the
getopt source from the NetBSD operating
system distribution.
Copyright (c) 1987, 1993, 1994
The Regents of the University of California. All rights reserved.
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. 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. Neither the name of the University nor the names of its contributors
may be used to endorse or promote products derived from this software
without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE REGENTS 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 REGENTS 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.
The NetBSD getsubopt argument parsing function is used by
Storyboard Engine plugins to parse plugin options.
Applies To:
The Storyboard Runtime engines used on the following operating
system ports: Android (android), FreeRTOS (freertos), MQX (mqx),
ThreadX (threadx), UCOSII (ucosii), UCOSIII (ucosiii) and all
Windows platforms (win32, wince, wincompact7, wec2013) include
the getsubopt source from the NetBSD
operating system distribution.
Copyright (c) 1990, 1993
The Regents of the University of California. All rights reserved.
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. 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.
3. Neither the name of the University nor the names of its contributors
may be used to endorse or promote products derived from this software
without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE REGENTS 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 REGENTS 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.
The libEGL.dll and libEGLv2.dll libraries from
Imagination Technologies to provide OpenGL rendering capabilities
Applies To:
The Storyboard Runtime engines used on all Windows platforms (win32) that use the OpenGL bindings include the Imgination libraries.
THESE LIBRARIES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED. CRANK AND ITS LICENSORS HEREBY DISCLAIM ALL
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This is used by the Storyboard Engine in the polygon line drawing operations.
Applies To:
This algorithm has been adapted for use within the Storyboard Engine's polygon software rendering (swrender, fbdev) code.
Scanline edge-flag algorithm for antialiasing
Copyright (c) 2005-2007 Kiia Kallio kkallio@uiah.fi
http://mlab.uiah.fi/~kkallio/antialiasing/
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. 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.
3. 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.
The IFF format is used by the Storyboard Engine's representation of 3D model
object files in the Storyboard scene graph (ssg) file format format. Access to
this file format is provided by the libiff utility library.
Applies To:
This functionality is included within the 3D model parsing
Storyboard Engine plugin, only available on OpenGL platforms,
and also within the Designer host tool
ssg_create that generates
ssg format files.
Copyright (c) 2012 Sander van der Burg
Permission is hereby granted, free of charge, to any person obtaining a copy of
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the Software without restriction, including without limitation the rights to
use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of
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subject to the following conditions:
The above copyright notice and this permission notice shall be included in all
copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR
COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER
IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN
CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
The libarchive library is used to facilitate the reading
of compressed Storyboard project files (.sbp).
Applies To:
This plugin provides the compressed Storyboard project file reading capability.
All rights reserved.
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
in this position and unchanged.
2. 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.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR(S) ``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.
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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.
Applies To:
All Storyboard Runtime Engines using Windows operating systems
Applies To:
This provides POSIX pthread API
functionality in a Windows environment (win32, wince,
wincompact7, wec2013).
pthreads-win32 - a POSIX threads library for Microsoft Windows
This file is Copyrighted
------------------------
This file is covered under the following Copyright:
Copyright (C) 2001,2006 Ross P. Johnson
All rights reserved.
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
Pthreads-win32 is covered by the GNU Lesser General Public License
------------------------------------------------------------------
Pthreads-win32 is open software; you can redistribute it and/or
modify it under the terms of the GNU Lesser General Public License
as published by the Free Software Foundation version 2.1 of the
License.
Pthreads-win32 is several binary link libraries, several modules,
associated interface definition files and scripts used to control
its compilation and installation.
Pthreads-win32 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 Lesser General Public License for more details.
A copy of the GNU Lesser General Public License is distributed with
pthreads-win32 under the filename:
COPYING.LIB
You should have received a copy of the version 2.1 GNU Lesser General
Public License with pthreads-win32; if not, write to:
Free Software Foundation, Inc.
59 Temple Place
Suite 330
Boston, MA 02111-1307
USA
The contact addresses for pthreads-win32 is as follows:
Web: http://sources.redhat.com/pthreads-win32
Email: Ross Johnson
Please use: Firstname.Lastname@homemail.com.au
Pthreads-win32 copyrights and exception files
---------------------------------------------
With the exception of the files listed below, Pthreads-win32
is covered under the following GNU Lesser General Public License
Copyrights:
Pthreads-win32 - POSIX Threads Library for Win32
Copyright(C) 1998 John E. Bossom
Copyright(C) 1999,2006 Pthreads-win32 contributors
The current list of contributors is contained
in the file CONTRIBUTORS included with the source
code distribution. The current list of CONTRIBUTORS
can also be seen at the following WWW location:
http://sources.redhat.com/pthreads-win32/contributors.html
Contact Email: Ross Johnson
Please use: Firstname.Lastname@homemail.com.au
These files are not covered under one of the Copyrights listed above:
COPYING
COPYING.LIB
tests/rwlock7.c
This file, COPYING, is distributed under the Copyright found at the
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verbatim copies of this file but you may not modify this file.
The file COPYING.LIB, which contains a copy of the version 2.1
GNU Lesser General Public License, is itself copyrighted by the
Free Software Foundation, Inc. Please note that the Free Software
Foundation, Inc. does NOT have a copyright over Pthreads-win32,
only the COPYING.LIB that is supplied with pthreads-win32.
The file tests/rwlock7.c is derived from code written by
Dave Butenhof for his book 'Programming With POSIX(R) Threads'.
The original code was obtained by free download from his website
http://home.earthlink.net/~anneart/family/Threads/source.html
and did not contain a copyright or author notice. It is assumed to
be freely distributable.
In all cases one may use and distribute these exception files freely.
And because one may freely distribute the LGPL covered files, the
entire pthreads-win32 source may be freely used and distributed.
General Copyleft and License info
---------------------------------
For general information on Copylefts, see:
http://www.gnu.org/copyleft/
For information on GNU Lesser General Public Licenses, see:
http://www.gnu.org/copyleft/lesser.html
http://www.gnu.org/copyleft/lesser.txt
Why pthreads-win32 did not use the GNU General Public License
-------------------------------------------------------------
The goal of the pthreads-win32 project has been to
provide a quality and complete implementation of the POSIX
threads API for Microsoft Windows within the limits imposed
by virtue of it being a stand-alone library and not
linked directly to other POSIX compliant libraries. For
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standards, and in particular, to make it just a little easier
for developers writing Win32 applications to consider
widening the potential market for their products.
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The FFmpeg library is used to provide software video and audio decoding
support for the Storyboard Engine. This software uses libraries from the FFmpeg
project under the LGPLv2.1. The FFmpeg library is not used on all platforms and
has been specifically configured to remove source that is incompatible with
commercial use. The FFmpeg library was specifically configured without the flag --enable-gpl and
without --enable-nonfree as specified at https://ffmpeg.org/legal.html.
. For additional configuration line details and source packages contact
info@cranksoftware.com.
Applies To:
This plugin provides the FFmpeg audio and video decoding support to render to a Storyboard external buffer.
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Copyright (c) 2008-2009 Bjoern Hoehrmann (bjoern@hoehrmann.de)
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files
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The individual render managers implementation may have a dependency on third party libraries that may not be included in the standard operating system platform libraries.
The API of these libraries are used by the Storyboard Engine runtime, but the binary dependency is via a shared object.
Used for rendering http://www.libsdl.org
Compression library, required by FreeType library http://www.zlib.net/
/* zlib.h -- interface of the 'zlib' general purpose compression library
version 1.2.8, April 28th, 2013
Copyright (C) 1995-2013 Jean-loup Gailly and Mark Adler
This software is provided 'as-is', without any express or implied
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3. This notice may not be removed or altered from any source distribution.
Jean-loup Gailly Mark Adler
jloup@gzip.org madler@alumni.caltech.edu
*/
Storyboard Designer includes a number of Open Source fonts that may be used in commercially deployable products. The licenses for the specific fonts are provided here.
The Vera*.ttf font files are covered by these license
terms
Fonts are (c) Bitstream (see below). DejaVu changes are in public domain. Glyphs imported from Arev fonts are (c) Tavmjong Bah (see below)
Bitstream Vera Fonts Copyright ------------------------------
Copyright (c) 2003 by Bitstream, Inc. All Rights Reserved. Bitstream Vera is a trademark of Bitstream, Inc.
Permission is hereby granted, free of charge, to any person obtaining a copy of the fonts accompanying this license ("Fonts") and associated documentation files (the "Font Software"), to reproduce and distribute the Font Software, including without limitation the rights to use, copy, merge, publish, distribute, and/or sell copies of the Font Software, and to permit persons to whom the Font Software is furnished to do so, subject to the following conditions:
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The Font Software may be modified, altered, or added to, and in particular the designs of glyphs or characters in the Fonts may be modified and additional glyphs or characters may be added to the Fonts, only if the fonts are renamed to names not containing either the words "Bitstream" or the word "Vera".
This License becomes null and void to the extent applicable to Fonts or Font Software that has been modified and is distributed under the "Bitstream Vera" names.
The Font Software may be sold as part of a larger software package but no copy of one or more of the Font Software typefaces may be sold by itself.
THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL BITSTREAM OR THE GNOME FOUNDATION BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM OTHER DEALINGS IN THE FONT SOFTWARE.
Except as contained in this notice, the names of Gnome, the Gnome Foundation, and Bitstream Inc., shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Font Software without prior written authorization from the Gnome Foundation or Bitstream Inc., respectively. For further information, contact: fonts at gnome dot org.
Arev Fonts Copyright
Copyright (c) 2006 by Tavmjong Bah. All Rights Reserved.
Permission is hereby granted, free of charge, to any person obtaining a copy of the fonts accompanying this license ("Fonts") and associated documentation files (the "Font Software"), to reproduce and distribute the modifications to the Bitstream Vera Font Software, including without limitation the rights to use, copy, merge, publish, distribute, and/or sell copies of the Font Software, and to permit persons to whom the Font Software is furnished to do so, subject to the following conditions:
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This License becomes null and void to the extent applicable to Fonts or Font Software that has been modified and is distributed under the "Tavmjong Bah Arev" names.
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Except as contained in this notice, the name of Tavmjong Bah shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Font Software without prior written authorization from Tavmjong Bah. For further information, contact: tavmjong @ free . fr.
The DejaVu*.ttf font files are covered by these license
terms
Bitstream Vera Fonts Copyright
The fonts have a generous copyright, allowing derivative works (as long as "Bitstream" or "Vera" are not in the names), and full redistribution (so long as they are not *sold* by themselves). They can be be bundled, redistributed and sold with any software.
The fonts are distributed under the following copyright:
Copyright
Copyright (c) 2003 by Bitstream, Inc. All Rights Reserved. Bitstream Vera is a trademark of Bitstream, Inc.
Permission is hereby granted, free of charge, to any person obtaining a copy of the fonts accompanying this license ("Fonts") and associated documentation files (the "Font Software"), to reproduce and distribute the Font Software, including without limitation the rights to use, copy, merge, publish, distribute, and/or sell copies of the Font Software, and to permit persons to whom the Font Software is furnished to do so, subject to the following conditions:
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The Font Software may be modified, altered, or added to, and in particular the designs of glyphs or characters in the Fonts may be modified and additional glyphs or characters may be added to the Fonts, only if the fonts are renamed to names not containing either the words "Bitstream" or the word "Vera".
This License becomes null and void to the extent applicable to Fonts or Font Software that has been modified and is distributed under the "Bitstream Vera" names.
The Font Software may be sold as part of a larger software package but no copy of one or more of the Font Software typefaces may be sold by itself.
THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL BITSTREAM OR THE GNOME FOUNDATION BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM OTHER DEALINGS IN THE FONT SOFTWARE.
Except as contained in this notice, the names of Gnome, the Gnome Foundation, and Bitstream Inc., shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Font Software without prior written authorization from the Gnome Foundation or Bitstream Inc., respectively. For further information, contact: fonts at gnome dot org.
Digitized data copyright (c) 2010 Google Corporation
with Reserved Font Arimo, Tinos and Cousine.
Copyright (c) 2012 Red Hat, Inc.
with Reserved Font Name Liberation.
This Font Software is licensed under the SIL Open Font License,
Version 1.1.
This license is copied below, and is also available with a FAQ at:
http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE Version 1.1 - 26 February 2007
PREAMBLE The goals of the Open Font License (OFL) are to stimulate
worldwide development of collaborative font projects, to support the font
creation efforts of academic and linguistic communities, and to provide
a free and open framework in which fonts may be shared and improved in
partnership with others.
The OFL allows the licensed fonts to be used, studied, modified and
redistributed freely as long as they are not sold by themselves.
The fonts, including any derivative works, can be bundled, embedded,
redistributed and/or sold with any software provided that any reserved
names are not used by derivative works. The fonts and derivatives,
however, cannot be released under any other type of license. The
requirement for fonts to remain under this license does not apply to
any document created using the fonts or their derivatives.
DEFINITIONS
"Font Software" refers to the set of files released by the Copyright
Holder(s) under this license and clearly marked as such.
This may include source files, build scripts and documentation.
"Reserved Font Name" refers to any names specified as such after the
copyright statement(s).
"Original Version" refers to the collection of Font Software components
as distributed by the Copyright Holder(s).
"Modified Version" refers to any derivative made by adding to, deleting,
or substituting ? in part or in whole ?
any of the components of the Original Version, by changing formats or
by porting the Font Software to a new environment.
"Author" refers to any designer, engineer, programmer, technical writer
or other person who contributed to the Font Software.
PERMISSION & CONDITIONS
Permission is hereby granted, free of charge, to any person obtaining a
copy of the Font Software, to use, study, copy, merge, embed, modify,
redistribute, and sell modified and unmodified copies of the Font
Software, subject to the following conditions:
1) Neither the Font Software nor any of its individual components,in
Original or Modified Versions, may be sold by itself.
2) Original or Modified Versions of the Font Software may be bundled,
redistributed and/or sold with any software, provided that each copy
contains the above copyright notice and this license. These can be
included either as stand-alone text files, human-readable headers or
in the appropriate machine-readable metadata fields within text or
binary files as long as those fields can be easily viewed by the user.
3) No Modified Version of the Font Software may use the Reserved Font
Name(s) unless explicit written permission is granted by the
corresponding Copyright Holder. This restriction only applies to the
primary font name as presented to the users.
4) The name(s) of the Copyright Holder(s) or the Author(s) of the Font
Software shall not be used to promote, endorse or advertise any
Modified Version, except to acknowledge the contribution(s) of the
Copyright Holder(s) and the Author(s) or with their explicit written
permission.
5) The Font Software, modified or unmodified, in part or in whole, must
be distributed entirely under this license, and must not be distributed
under any other license. The requirement for fonts to remain under
this license does not apply to any document created using the Font
Software.
TERMINATION
This license becomes null and void if any of the above conditions are not met.
DISCLAIMER
THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL THE
COPYRIGHT HOLDER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM OTHER
DEALINGS IN THE FONT SOFTWARE.
Copyright (C) 2008 The Android Open Source Project
Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at
http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
This directory contains the fonts for the platform. They are licensed under the Apache 2 license.
Copyright (c) 2010, Łukasz Dziedzic (dziedzic@typoland.com),
with Reserved Font Name Lato.
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license is copied below, and is also available with a FAQ at:
http://scripts.sil.org/OFL
-----------------------------------------------------------
SIL OPEN FONT LICENSE Version 1.1 - 26 February 2007
-----------------------------------------------------------
PREAMBLE
The goals of the Open Font License (OFL) are to stimulate worldwide
development of collaborative font projects, to support the font creation
efforts of academic and linguistic communities, and to provide a free and
open framework in which fonts may be shared and improved in partnership
with others.
The OFL allows the licensed fonts to be used, studied, modified and
redistributed freely as long as they are not sold by themselves. The
fonts, including any derivative works, can be bundled, embedded,
redistributed and/or sold with any software provided that any reserved
names are not used by derivative works. The fonts and derivatives,
however, cannot be released under any other type of license. The
requirement for fonts to remain under this license does not apply
to any document created using the fonts or their derivatives.
DEFINITIONS
"Font Software" refers to the set of files released by the Copyright
Holder(s) under this license and clearly marked as such. This may
include source files, build scripts and documentation.
"Reserved Font Name" refers to any names specified as such after the
copyright statement(s).
"Original Version" refers to the collection of Font Software components as
distributed by the Copyright Holder(s).
"Modified Version" refers to any derivative made by adding to, deleting,
or substituting -- in part or in whole -- any of the components of the
Original Version, by changing formats or by porting the Font Software to a
new environment.
"Author" refers to any designer, engineer, programmer, technical
writer or other person who contributed to the Font Software.
PERMISSION & CONDITIONS
Permission is hereby granted, free of charge, to any person obtaining
a copy of the Font Software, to use, study, copy, merge, embed, modify,
redistribute, and sell modified and unmodified copies of the Font
Software, subject to the following conditions:
1) Neither the Font Software nor any of its individual components,
in Original or Modified Versions, may be sold by itself.
2) Original or Modified Versions of the Font Software may be bundled,
redistributed and/or sold with any software, provided that each copy
contains the above copyright notice and this license. These can be
included either as stand-alone text files, human-readable headers or
in the appropriate machine-readable metadata fields within text or
binary files as long as those fields can be easily viewed by the user.
3) No Modified Version of the Font Software may use the Reserved Font
Name(s) unless explicit written permission is granted by the corresponding
Copyright Holder. This restriction only applies to the primary font name as
presented to the users.
4) The name(s) of the Copyright Holder(s) or the Author(s) of the Font
Software shall not be used to promote, endorse or advertise any
Modified Version, except to acknowledge the contribution(s) of the
Copyright Holder(s) and the Author(s) or with their explicit written
permission.
5) The Font Software, modified or unmodified, in part or in whole,
must be distributed entirely under this license, and must not be
distributed under any other license. The requirement for fonts to
remain under this license does not apply to any document created
using the Font Software.
TERMINATION
This license becomes null and void if any of the above conditions are
not met.
DISCLAIMER
THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL THE
COPYRIGHT HOLDER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM
OTHER DEALINGS IN THE FONT SOFTWARE.