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desktop/support-pkg-ilbc/gips_iLBClicense.txt
Manuel 2c85b022bb Add google talk support
2011-04-10 21:38:10 +00:00

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NOTICE
All use of the Original Code (GIPS iLBC, and code provided by GIPS as part of any related IETF Standard or draft standard) is
subject to the complete Global IP Solutions iLBC Public License, IETF Standard, Limited Commercial Use (the (“License”). By
accessing the Original Code You agree to the License terms. PLEASE SEE THE COMPLETE LICENSE BELOW FOR
ADDITIONAL TERMS. In general:
- Personal, non-commercial use is generally permitted.
- Commercialization is permitted with certain limitations; for example, to ensure that every iLBC decoder can decode
every iLBC-encoded payload, commercial “Deployment” must comply with the applicable IETF Standard/draft, and the
format of the bitstream may not be modified.
- You are provided no warranty or support, and all liability is disclaimed.
- You must register this license with GIPS prior to any commercial Deployment.
The License is available from http://www.gipscorp.com/legal/licenses/ilbc; or from Global IP Solutions (GIPS) AB, Magnus
Ladulåsgatan 63B, SE-118 27, Stockholm, Sweden, +46.8.545.5.30.40 tel, +46.8.545.5.30.49 fax; or from Global IP Solutions,
Inc., 642 Harrison Street, 2nd Floor, San Francisco, California 94107 USA, +1 415.397.2555 tel, +1 415.397.2577 fax; or by
sending a request to info@gipscorp.com.
The current IETF Standards can also be found at http://www.ietf.org/rfc/rfc3951.txt plus
http://www.ietf.org/rfc/rfc3952.txt. The initial developer of the Original Code is Global IP Solutions, Inc. Portions Copyright
(C) 1999-2004, All Rights Reserved.
iLBC is a trademark of Global IP Solutions. All redistribution is subject to the License; source code must include this Notice.
Global IP Solutions iLBC Public License, v3.0
IETF Version - Limited Commercial Use
PLEASE READ THIS LICENSE AGREEMENT. This is a legal agreement (“License”) between any user (“You”) and Global
IP Solutions, Inc. (“GIPS”). By using the software, you agree to the following terms and conditions. You are also asked to
sign and return the attached acknowledgment of this agreement or accept a “popup” license in a form that registers Your use with
GIPS. The Original Code is licensed by GIPS for use only on the terms of this License.
1 DEFINITIONS.
1.1 “Covered Code” means any of the Original Code, alone or in combination with Modifications.
1.2 “Deploy” means any use, licensing, or distribution of Covered Code other than for Personal Use.
1.3 “Executable” means Covered Code in any form other than Source Code.
1.4 “GIPS” means Global IP Solutions, Inc. and its officers, directors, employees, agents, subsidiaries and affiliates.
1.5 “IETF Standard” means the iLBC standard as submitted by GIPS to the Internet Engineering Task Force (IETF), including
all draft and other intermediate documents filed with the IETF during the standards process. The current IETF RFC standard is
available at http://www.ietf.org/rfc/rfc3951.txt plus http://www.ietf.org/rfc/rfc3952.txt.
1.6 “Larger Work” means a work that combines any Covered Code with code not governed by the terms of this License.
1.7 “Modification” means any change, addition to, or deletion from the substance or structure of the Original Code, previous
Modifications, or combinations of Original Code and previous Modifications.
1.8 “Original Code” means (a) the iLBC Source Code, including code made available by GIPS in an IETF iLBC draft,
originally made available by GIPS under this License, including any updates or upgrades to such programs or works made
available by GIPS under this License; (b) the object code compiled from such Source Code; and (c) related documentation.
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1.9 “Patent Rights” means, where GIPS is the grantor of rights, claims of patents that are now or hereafter acquired, owned by,
or assigned to GIPS that cover subject matter contained in the Original Code, but only to the extent necessary to use, reproduce,
or distribute the Original Code without infringement.
1.10 “Personal Use” means use of Covered Code by an individual solely for personal, private, and non-commercial purposes. Use
of Covered Code in an individual’s capacity as an officer, employee, member, independent contractor, or agent of a corporation,
business, or organization (commercial or non-commercial) does not qualify as Personal Use.
1.11 “Source Code” means the human-readable or other preferred form for making modifications to Covered Code, including all
modules it contains; associated interface definition files; and scripts used to control compilation and installation of an Executable.
1.12 “You” (or “Your”) means an individual or legal entity exercising rights under this License. For legal entities, “You”
includes any entity that controls, is controlled by, or is under common control with You, where “control” means (a) the power,
direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of
more than Fifty Percent of the outstanding shares or beneficial ownership of such entity.
2 PERMITTED USES, CONDITIONS, AND RESTRICTIONS.
2.1 Grant. Subject to the terms and conditions of this License, GIPS hereby grants You the following worldwide, royalty-free,
non-exclusive license, subject to third party intellectual property claims, to the extent of GIPS’s applicable Patent Rights and
copyrights covering the Original Code:
(A) Personal Use: You may use, reproduce, display, perform, modify and distribute Original Code, with or without
Modifications, solely for Your Personal Use; but you must retain and reproduce in all copies of Covered Code and
documentation (i) the copyright and other proprietary notices and disclaimers of GIPS as they appear in the Original Code,
(ii) all notices that refer to this License, (iii) the notice and acknowledgment in Appendix A in each file of the Source Code
or in a location (such as a relevant directory) where a user would be likely to look for such a notice, and (iv) this License;
and You may not offer or impose any terms on such Source Code that alter or restrict this License or the recipients’ rights
hereunder, except as permitted under Section 3.2.
(B) Deployment: You may use, reproduce, display, perform, modify, and Deploy Covered Code, provided that
1. You must satisfy all the conditions of Section 2.1(A), and
2. Covered Code may be Deployed only in compliance with the then-applicable IETF Standard, and Modifications
must not change the format of the bitstream.
(C) You may create a Larger Work by combining Covered Code with other code and distribute the Larger Work as a single
product; but You must ensure that the requirements of this License, including Section 2.1(B)(2), are fulfilled.
2.2 Application Of License To Modifications. The Modifications that You create or to which You contribute are governed by
the terms of this License. The Source Code version of Covered Code may be distributed only under the terms of this License or a
future version of this License released under Section 2.6, and You must include a copy of this License with every copy of the
Source Code You distribute. However, You may include an additional document offering the additional rights described in
Section 3.2.
2.3 Limitations. Except as expressly stated in Section 2.1, no other rights (including patent rights), express or implied, are
granted by GIPS. Modifications and Larger Works of GIPS may require additional patent and other licenses from GIPS which
GIPS may grant in its sole discretion. You expressly acknowledge and agree that no assurances are provided by GIPS that the
Covered Code does not infringe the patent or other intellectual property rights of any other entity, and GIPS disclaims any
liability to You for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a
condition to exercising the rights and licenses granted hereunder, You hereby assume sole responsibility to secure any other
intellectual property rights needed, if any.
2.4 Registration. You must register Your Deployment (non-personal) use of the Original Code and acceptance of this License by
completing Appendix A and returning it to GIPS as indicated (or providing equivalent information to GIPS).
2.5 Your Grants. In consideration of and as a condition to the licenses granted to You, You hereby grant to GIPS, under Your
applicable patent and other intellectual property rights, an unrestricted, non-exclusive, worldwide, royalty-free, perpetual, and
irrevocable license to (a) Your Modifications and (b) any error reports or other feedback you provide to GIPS regarding the
Original Code.
2.6 New Versions. GIPS may publish revised or new versions of the License. Once Covered Code has been published under a
particular version of the License, You may always continue to use it under the terms of that version, or You may choose to use
such Covered Code under the terms of any subsequent version of the License published by GIPS. No one other than GIPS has the
right to modify the terms applicable to Covered Code created under this License. The current version of this License will be
posted at www.gipscorp.com/legal/licenses/ilbcfreeware.
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2.7 Derivative Works. If You create or use a modified version of this License (which You may only do in order to apply it to
code that is not already Covered Code governed by this License), You must (a) rename the license and (b) otherwise make it
clear that Your version of the license contains terms which differ from this License.
3 OBLIGATIONS REGARDING DISTRIBUTION.
3.1 Distribution of Executable Versions. You may distribute Covered Code in Executable form only if the requirements of
Section 2.1 above have been met; in addition You must conspicuously set forth, in documentation or collateral in which You
describe recipients' rights in any Executable version, a notice stating that the Source Code version of the Original Code is
available under the terms of this License.
3.2 Your Distribution License. You may choose to offer, and to charge a fee for, warranty, support, indemnity, or liability
obligations and other rights consistent with the scope of this License (“Additional Terms”) to recipients of Covered Code,
provided, however, that: (a) You may do so only on Your own behalf and as Your sole responsibility, and not on behalf of GIPS;
(b) You must make it absolutely clear that Additional Terms are offered by You alone, and not by GIPS; and (c) the license may
not limit or alter the recipient's rights in Original Code version from the rights set forth in this License. You hereby agree to
defend and indemnify GIPS regarding any claims asserted against GIPS relating to any Additional Terms.
4 NO WARRANTY OR SUPPORT.
COVERED CODE IS PROVIDED UNDER THIS LICENSE “AS IS” AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED,
INCLUDING WITHOUT LIMITATION WARRANTIES THAT COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
PURPOSE, OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU.
SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT GIPS) ASSUME THE COST OF ANY NECESSARY SERVICING,
REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE; NO USE OF ANY
COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
The Covered Code may be incomplete; contain pre-release, untested, or not-fully-tested works; and may contain errors that could
cause failures or loss of data. You expressly acknowledge and agree that use of any Covered Code is at Your sole and entire risk.
No upgrades or support are provided under this License.
5 LIMITATION OF LIABILITY.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT IS GIPS OR ANY OF ITS SUPPLIERS LIABLE UNDER ANY LEGAL THEORY,
WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, PRODUCTS LIABILITY, OR OTHERWISE, FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THIS LICENSE OR
THE USE OR INABILITY TO USE THE COVERED CODE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF USE, LOST DATA, LOST PROFITS, BUSINESS
INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF GIPS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT DOES GIPS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY
BE REQUIRED BY APPLICABLE LAW) UNDER THIS LICENSE EXCEED THE AMOUNT OF FIFTY US DOLLARS (US$50.00).
6 TRADEMARKS.
This License does not grant any right or license to use the trademarks or trade names “Global IP Solutions”, “GIPS”, “iLBC”,
“MediaWare”, “GIPS VoiceEngine, GIPS VideoEngine NetEQ, iSAC, iPCM-wb, GIPS Enhanced G.711, Remote Extension,
Click-to-Talk or any other GIPS trademarks, trade names, design marks, or logos (collectively, “GIPS Marks”), except that
“iLBC” may be used in reference to the IETF Standard. No GIPS Marks may be used to endorse or promote products derived
from the Original Code other than as permitted by and in strict compliance with GIPS's trademark usage guidelines.
7 OWNERSHIP.
GIPS retains all interests in the Original Code and any Modifications made by or on behalf of GIPS (“GIPS Modifications”).
GIPS Modifications are not automatically subject to this License; GIPS may, at its sole discretion, choose to license such GIPS
Modifications under this License or on different terms from those contained in this License, or may choose not to license them.
8 TERMINATION.
8.1 This License terminates automatically if You fail to comply with its terms and fail to cure such breach within 28 days of
becoming aware of the breach.
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8.2 If You initiate a patent infringement claim (excluding declaratory judgment actions) against GIPS alleging that the Original
Code or any GIPS Modification directly or indirectly infringes any patent, then any rights granted to You under this License
terminate upon 60 days notice from GIPS unless You either (i) agree in writing to pay GIPS a mutually agreeable reasonable
royalty for Your past and future use of Original Code and GIPS Modifications or (ii) withdraw Your litigation claim.
8.3 Effect of Termination. Upon termination, You agree to immediately stop any further use, reproduction, modification,
sublicensing, and distribution of the Covered Code, and to destroy all copies of the Covered Code that are in Your possession or
control. Provisions that by their nature should remain in effect beyond the termination of this License, including but not limited to
Sections 2.2 “Limitations, 2.5 “Your Grants”, 4 “No Warranty Or Support”, 5 “Limitation Of Liability”, 7 “Ownership”, 8.3
“Effect Of Termination”, 10.3 “Independent Development”, and other applicable provisions of Section 10, survive its
termination. All end user license agreements to the Covered Code (excluding distributors and resellers), if validly granted prior to
termination, survive any termination of this License. No party is liable to any other for compensation, indemnity, or damages of
any sort solely as a result of terminating this License in accordance with its terms, and termination of this License is without
prejudice to any other right or remedy of any party.
9 U.S. GOVERNMENT END USERS.
The Covered Code is a “commercial item”, as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of “commercial
computer software” and “commercial computer software documentation”, as such terms are used in 48 C.F.R. 12.212 (Sept.
1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End
Users acquire Covered Code with only those rights set forth in this License.
10 MISCELLANEOUS.
10.1 Relationship. This License may not be construed as creating an agency, partnership, joint venture, or any other legal
association between You and GIPS, and You may not represent to the contrary, whether expressly, by implication, or otherwise.
10.2 Inability To Comply. If it is impossible for You to comply with any term of this License due to statute, judicial order, or
regulation, then You must: (a) comply with the terms of this License to the maximum extent possible and (b) describe the
limitations and the code they affect. Such description must be included with all distributions of Source Code, and should be
sufficiently detailed for a recipient of ordinary skill to be able to understand it.
10.3 Independent Development. Nothing in this License impairs GIPS's right to acquire, license, develop, have others develop for
it, market, or distribute technology or products that perform the same or similar functions as, or otherwise compete with, Original
Code, Covered Code, Modifications, Larger Works, or technology or products You may develop, produce, market, or distribute.
10.4 Waiver; Construction. Failure by GIPS to enforce any provision of this License may not be deemed a waiver of future
enforcement of that or any other provision. Any law or regulation that provides that the language of a contract is construed
against the drafter does not apply to this License.
10.5 Severability. If any provision of this License is unenforceable, that provision will be enforced to the maximum extent
permissible and reformed only to the extent necessary to make it enforceable so as to effect the intent of the parties, and the
remainder of this License continues in full force and effect. Notwithstanding the foregoing, if You are unable to comply fully
with Section 2.1 or 2.5, this License terminates immediately and You must immediately discontinue any use of the Covered Code
and destroy all copies of it that are in Your possession or control.
10.6 Dispute Resolution; Governing Law. This License is governed by the laws of the United States and the State of California.
Choice of law rules do not apply, regardless of jurisdiction. Any litigation relating to this License is subject to the jurisdiction of
the Federal Courts of the Northern District of California, with venue in San Francisco County, California, and You and GIPS
hereby consent to personal jurisdiction and venue therein with respect to this License. Application of the United Nations
Convention On Contracts For The International Sale Of Goods is expressly excluded. The losing party in any litigation is
responsible for all costs, reasonable attorneys' fees, and expenses.
10.7 Entire Agreement. This License is the parties’ entire agreement with respect to its subject matter.
10.8 If You are located in the province of Quebec, Canada, the following clause applies: The parties hereby confirm that they
have requested that this License and all related documents be drafted in English. Les parties ont exigé que le présent contrat et
tous les documents connexes soient rédigés en anglais.
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Appendix A - Global IP Solutions iLBC Public License, v3 .0
IETF Version - Limited Commercial Use
This file is subject to the Global IP Solutions iLBC Public License, v3.0 - IETF Version - Limited Commercial Use (the
“License”). Please obtain a copy of the License and read it carefully before using or redistributing the software; by
downloading or using the software You accept and agree to the terms of the License. If You are agreeing to the License on
behalf of a company, You represent that You are authorized to bind the company to such a license; if You do not meet this
criterion, or You do not agree to any of the terms of the License, do not download, access, or use the software, and destroy any
copies.
NOTICE
All use of the Original Code (GIPS iLBC , and code provided by GIPS as part of any related IETF Standard or draft standard) is
subject to the complete Global IP Solutions iLBC Public License, IETF Standard, Limited Commercial Use (the (“License”). By
accessing the Original Code You agree to the License terms. PLEASE SEE THE COMPLETE LICENSE BELOW FOR
ADDITIONAL TERMS. In general:
- Personal, non-commercial use is generally permitted.
- Commercialization is permitted with certain limitations; for example, to ensure that every iLBC decoder can decode
every iLBC-encoded payload, commercial “Deployment” must comply with the applicable IETF Standard/draft, and the
format of the bitstream may not be modified.
- You are provided no warranty or support, and all liability is disclaimed.
- You must register this license with GIPS prior to any commercial Deployment.
The License is available from http://www.gipscorp.com/legal/licenses/ilbc; or from Global IP Solutions (GIPS) AB, Magnus
Ladulåsgatan 63B SE-118 27, Stockholm, Sweden, +46.8.545.5.30.40 tel, +46.8.545.5.30.49 fax; or from Global IP Solutions,
Inc., 642 Brannan Street, 2nd Floor, San Francisco, California 94107 USA, +1 415.397.2555 tel, +1 415.397.2577 fax; or by
sending a request to info@gipscorp.com.
The current IETF Standards can also be found at http://www.ietf.org/rfc/rfc3951.txt plus
http://www.ietf.org/rfc/rfc3952.txt. The initial developer of the Original Code is Global IP Solutions, Inc. Portions Copyright
© 1999-2004, All Rights Reserved.
iLBC is a trademark of Global IP Solutions. All redistribution is subject to the License; source code must include this Notice.
I have read and understood, and I agree to, the terms and conditions of the Global IP Solutions iLBC Public License v3.0, IETF
Version, Limited Commercial Use.
Signature: Date:
Name: Title:
Company Address:
Telephone Fax:
Email:
Intended Use:
Please send to Global IP Solutions (GIPS) AB, Magnus Ladulåsgatan 63B, SE-118 27, Stockholm, Sweden
+46.8.545.5.30.40 tel, +46.8.545.5.30.49 fax
info@gipscorp.com
Attn: Legal
Cc: GIPS Legal, via fax to +1.415.397.2577
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