PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SOFTWARE Copyright (C) 1999-2001 Applied Computing Research (ACR) Ltd., Finland . All rights reserved. For commercial licensing, please contact tgps-support@acr.fi. ============================================================== LICENSE AGREEMENT This LICENSE is a legal contract between you and Applied Computing Research (ACR) Ltd. This LICENSE grants you certain rights; without a license, you are not allowed to use, distribute, or modify this software. BY USING, DOWNLOADING, DISTRIBUTING, OR MODIFYING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. Applied Computing Research (ACR) Ltd. may revise these terms at any time and the revised terms shall apply to the corresponding versions of the SOFTWARE distributed with the revised terms. For the purposes of this license agreement, SOFTWARE shall mean the tgps software package in source code or compiled form, its documentation, as distributed with this license agreement, and any other derivative work based on it. LICENSOR shall mean Applied Computing Research (ACR) Ltd. LICENSEE shall mean you, the natural or legal person or organization using, distributing, or modifying the SOFTWARE under this LICENSE. NON-COMMERCIAL USE shall mean the following uses of the SOFTWARE: a) any use done outside and without connection to a commercial organization and commercial activity, b) use related to leisure time activities by private individuals, including hobbies, games, etc. provided however that such use is not commenced with commercial companies. Uses not considered as NON-COMMERCIAL USE include, but are not limited to: a) any use where commercial activity is involved and where the use in any way, directly or indirectly, aims at monetary or other commercial benefit, b) any use that takes place in commercial, governmental, military, or similar organizations and where a salary or similar monetary compensation is paid, unless the use can be considered to be EDUCATIONAL USE or is purely for charity. EDUCATIONAL USE shall include the following uses of the software: a) use for receiving education (i.e. students) with the assistance of the SOFTWARE for activities directly related to studying (homework, projects). A monetary or other compensation is allowed to be paid for these activities as long as the primary purpose is education, b) use for giving education (i.e. teachers), including gathering, modifying, and disseminating information, c) using the SOFTWARE as teaching material, provided however that the intellectual property rights of the LICENSOR are not infringed. d) use for system administration (i.e. administration of computing resources) in educational institutions. Uses not considered as EDUCATIONAL USE include, but are not limited to: a) use by students in projects or activities that are funded or otherwise compensated by commercial organizations and are not directly related to studying, b) use for research when the primary occupation of the researcher is not teaching and little or no contribution is given to teaching activities, c) administrative tasks in educational institutions (excluding system administration) when administration is the primary purpose for using the software. RIGHT TO USE FREE OF CHARGE The LICENSOR grants the LICENSEE a non-exclusive, non-transferable, royalty-free, limited right to use the SOFTWARE for NON-COMMERCIAL or EDUCATIONAL USE in each and every country where the SOFTWARE can be legally used, provided at least one of the following applies to the LICENSEE: EVALUATION. The LICENSEE may use the SOFTWARE for a limited time for the purpose of evaluating the SOFTWARE. The evaluation period is limited to sixty (60) days from the date hereof for each LICENSEE. INVIDUALS. Private natural persons may use the SOFTWARE for personal, NON-COMMERCIAL USE. EDUCATIONAL INSTITUTIONS. Qualifying non-profit educational institutions may use the SOFTWARE for educational purposes only, and employees and registered students of such educational institutions may use the SOFTWARE on their home computers, for NON-COMMERCIAL USE or EDUCATIONAL USE. Research laboratories and other research institutions whose primary purpose is not education are not considered educational institutions for the purposes of this LICENSE. CHARITY ORGANIZATIONS. Institutions or funds whose intention is to help the needy on charity basis and which do not operate for profit, including employees and volunteers of such organizations, may use the SOFTWARE free of charge for NON-COMMERCIAL USE in activities directly related to the operations of such an organization. If none of the above applies to the LICENSEE, commercial licensing of the SOFTWARE is required before the LICENSEE can use the SOFTWARE. RIGHT TO DISTRIBUTE The LICENSEE may make and distribute verbatim copies of the SOFTWARE, provided that the LICENSEE complies with all restrictions and obligations set forth in this LICENSE and that an unmodified copy of this LICENSE is distributed with the SOFTWARE. No fee may be charged for distribution of this SOFTWARE under this LICENSE. However, as an exception, the SOFTWARE may be put on a floppy or CD-ROM containing other free software or evaluation software, and a modest fee may be charged for the floppy or CD-ROM, or for a book or magazine containing the floppy or CD-ROM. Bundling the SOFTWARE with a primarily commercial product, other than distributions of free software specifically excluded above, is not allowed under this LICENSE, and requires separate commercial licensing. RIGHT TO MAKE MODIFICATIONS AND COMPILATIONS The LICENSEE may create derived works (modified versions) based on the SOFTWARE, and distribute such derived works, provided that 1. any modified versions are conspicuously identified as such, 2. the derived work is distributed under terms identical or not more favorable to this LICENSE and contains a copy of this LICENSE, 3. no copyright notices or other similar intellectual property notices are removed, The LICENSEE shall reproduce and apply any copyright or other property rights notices included on or embedded in Licensed Software to any copies or modifications, in whole or in part, in any form, 4. the modifications do not introduce any security bugs, backdoors, trojan horses, or other malicious code, to the best knowledge of the LICENSEE, and 5. the LICENSEE gives the LICENSOR a non-exclusive, royalty-free right to use, modify, distribute, sublicense and otherwise exploit any such modifications as part of other versions of the SOFTWARE and/or in other products, without separately identifying the parties whose modifications are being used. The LICENSOR shall do its best effort to give due credit to any significant contributions, but gives no warranty thereof. This clause also applies to any modifications to the SOFTWARE (including but not limited to patches, context diffs, etc.) that are published in any way, including but not limited to mailing lists, books or other publications, newsgroups, WWW pages, letters, faxes, or e-mail, or otherwise directly or indirectly communicated to Applied Computing Research (ACR) Ltd, even if they are stored and communicated separately from the SOFTWARE. BY MODIFYING THE SOFTWARE OR DISTRIBUTING SUCH MODIFICATIONS, THE LICENSEE IMPLICITLY GIVES APPLIED COMPUTING RESEARCH (ACR) LTD THE RIGHTS SPECIFIED HEREIN TO ANY SUCH MODIFICATIONS. Modified versions of the SOFTWARE complying with the terms set out in this section may be distributed by the LICENSEE under the same terms and conditions set forth for the original SOFTWARE. NO WARRANTY BECAUSE THE SOFTWARE IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE SOFTWARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING, THE LICENSOR PROVIDES THE SOFTWARE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM LIES WITH THE LICENSEE. SHOULD THE SOFTWARE PROVE DEFECTIVE, THE LICENSEE ALONE SHALL ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN NO EVENT UNLESS AGREED TO IN WRITING BY LICENSOR WILL THE LICENSOR BE LIABLE TO THE LICENSEE OR ANY THIRD PARTY FOR DAMAGES, INCLUDING ANY DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, INFORMATION, OR PROFITS; OR BUSINESS INTERRUPTION OR INFRINGEMENT OF THIRD INDUSTRIAL PROPERTY RIGHT OR SIMILAR), EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MAINTENANCE AND SUPPORT LICENSOR shall have no obligation to provide maintenance or support for the SOFTWARE. PATENT LICENSES AND INDEMNIFICATION The LICENSEE shall be responsible for obtaining any patent licenses required for using the SOFTWARE in any particular country. The LICENSEE agrees to indemnify and hold the LICENSOR harmless against any claims or awards arising out of LICENSEE's use of the SOFTWARE under this LICENSE. MISCELLANEOUS No rights are granted to the SOFTWARE except those expressly set forth herein. The LICENSEE may not copy, modify, rent, lease, sublicense, or distribute the SOFTWARE except as expressly provided under this LICENSE. Any attempt otherwise to copy, modify, sublicense or distribute the SOFTWARE is void, and will automatically terminate LICENSEE's rights under this LICENSE. This LICENSE shall not affect in any way any other confidentiality, licensing, or other agreement between the LICENSEE and the LICENSOR. TERM AND TERMINATION This LICENSE is valid until terminated, and will terminate immediately without notice if the LICENSEE is in breach of any of its terms and conditions. The LICENSEE may terminate this LICENSE at any time by destroying the SOFTWARE and all copies thereof. Upon termination of this LICENSE, the LICENSEE must destroy all copies of the SOFTWARE and any derived works thereof. Terms and conditions concerning no warranty, limitation of liability, and indemnification of the LICENSOR shall survive any termination of this LICENSE. People or organizations who received copies of the SOFTWARE from LICENSEE under this LICENSE before termination of the LICENSE shall not have their licenses terminated, as long as they remain in full compliance. JURISDICTION This LICENSE shall be governed by the laws of Finland. Any dispute arising out of this Agreement shall be finally settled by arbitration in accordance with the arbitration rules of the Finnish Central Chamber of Commerce in Helsinki. The LICENSOR shall, however, have an option, notwithstanding the arbitration clause above, to initiate legal proceedings based on a breach of this Agreement in any court having jurisdiction over the LICENSEE.