path: root/GFXLIB_LICENSE

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Product	: gfxlib-fuzed.zip
Website	: http://www.spicypixel.net
Author	: Marc Russell
Released: 10th January 2008
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What is this?
-------------
gfxlib-fuzed is a package of free art assets to be used under the terms of this document. It is available to game developers and hobbyists alike.

Contents
--------
The contents of the gfxlib-fuzed ZIP file are as follows.

Directories
	* Backgrounds	- 4 Graphic tilesets, level data and level mockup.
	* Sprites		- Ingame Sprite animations
	* GUI			- Work In Progress menu artwork and icons

Usage License & Restrictions
----------------------------
gfxlib is distributed under the "Common Public License Version 1.0."
The terms of which are given below. If you do not understand the terms of the license please refer to a solicitor. It should however, be relatively clear how this package can be used.

THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON 
PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF 
THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.

1. DEFINITIONS

"Contribution" means:

    a) in the case of the initial Contributor, the initial code and 
    documentation distributed under this Agreement, and

    b) in the case of each subsequent Contributor:

    i) changes to the Program, and

    ii) additions to the Program;

    where such changes and/or additions to the Program originate from 
    and are distributed by that particular Contributor. A Contribution 
    'originates' from a Contributor if it was added to the Program by 
    such Contributor itself or anyone acting on such Contributor's 
    behalf. Contributions do not include additions to the Program which: 
    (i) are separate modules of software distributed in conjunction with 
    the Program under their own license agreement, and (ii) are not 
    derivative works of the Program.

"Contributor" means any person or entity that distributes the Program.

"Licensed Patents " mean patent claims licensable by a Contributor which 
are necessarily infringed by the use or sale of its Contribution alone 
or when combined with the Program.

"Program" means the Contributions distributed in accordance with this 
Agreement.

"Recipient" means anyone who receives the Program under this Agreement, 
including all Contributors.

2. GRANT OF RIGHTS

    a) Subject to the terms of this Agreement, each Contributor hereby 
    grants Recipient a non-exclusive, worldwide, royalty-free copyright 
    license to reproduce, prepare derivative works of, publicly display, 
    publicly perform, distribute and sublicense the Contribution of such 
    Contributor, if any, and such derivative works, in source code and 
    object code form.

    b) Subject to the terms of this Agreement, each Contributor hereby 
    grants Recipient a non-exclusive, worldwide, royalty-free patent 
    license under Licensed Patents to make, use, sell, offer to sell, 
    import and otherwise transfer the Contribution of such Contributor, 
    if any, in source code and object code form. This patent license 
    shall apply to the combination of the Contribution and the Program 
    if, at the time the Contribution is added by the Contributor, such 
    addition of the Contribution causes such combination to be covered 
    by the Licensed Patents. The patent license shall not apply to any 
    other combinations which include the Contribution. No hardware per 
    se is licensed hereunder.

    c) Recipient understands that although each Contributor grants the 
    licenses to its Contributions set forth herein, no assurances are 
    provided by any Contributor that the Program does not infringe the 
    patent or other intellectual property rights of any other entity. 
    Each Contributor disclaims any liability to Recipient 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, each Recipient hereby assumes 
    sole responsibility to secure any other intellectual property rights 
    needed, if any. For example, if a third party patent license is 
    required to allow Recipient to distribute the Program, it is 
    Recipient's responsibility to acquire that license before 
    distributing the Program.

    d) Each Contributor represents that to its knowledge it has 
    sufficient copyright rights in its Contribution, if any, to grant 
    the copyright license set forth in this Agreement.

3. REQUIREMENTS

A Contributor may choose to distribute the Program in object code form 
under its own license agreement, provided that:

    a) it complies with the terms and conditions of this Agreement; and

    b) its license agreement:

    i) effectively disclaims on behalf of all Contributors all 
    warranties and conditions, express and implied, including warranties 
    or conditions of title and non-infringement, and implied warranties 
    or conditions of merchantability and fitness for a particular 
    purpose;

    ii) effectively excludes on behalf of all Contributors all liability 
    for damages, including direct, indirect, special, incidental and 
    consequential damages, such as lost profits;

    iii) states that any provisions which differ from this Agreement are 
    offered by that Contributor alone and not by any other party; and

    iv) states that source code for the Program is available from such 
    Contributor, and informs licensees how to obtain it in a reasonable 
    manner on or through a medium customarily used for software 
    exchange. 

When the Program is made available in source code form:

    a) it must be made available under this Agreement; and

    b) a copy of this Agreement must be included with each copy of the 
    Program. 

Contributors may not remove or alter any copyright notices contained 
within the Program.

Each Contributor must identify itself as the originator of its 
Contribution, if any, in a manner that reasonably allows subsequent 
Recipients to identify the originator of the Contribution.

4. COMMERCIAL DISTRIBUTION

Commercial distributors of software may accept certain responsibilities 
with respect to end users, business partners and the like. While this 
license is intended to facilitate the commercial use of the Program, the 
Contributor who includes the Program in a commercial product offering 
should do so in a manner which does not create potential liability for 
other Contributors. Therefore, if a Contributor includes the Program in 
a commercial product offering, such Contributor ("Commercial 
Contributor") hereby agrees to defend and indemnify every other 
Contributor ("Indemnified Contributor") against any losses, damages and 
costs (collectively "Losses") arising from claims, lawsuits and other 
legal actions brought by a third party against the Indemnified 
Contributor to the extent caused by the acts or omissions of such 
Commercial Contributor in connection with its distribution of the 
Program in a commercial product offering. The obligations in this 
section do not apply to any claims or Losses relating to any actual or 
alleged intellectual property infringement. In order to qualify, an 
Indemnified Contributor must: a) promptly notify the Commercial 
Contributor in writing of such claim, and b) allow the Commercial 
Contributor to control, and cooperate with the Commercial Contributor 
in, the defense and any related settlement negotiations. The Indemnified 
Contributor may participate in any such claim at its own expense.

For example, a Contributor might include the Program in a commercial 
product offering, Product X. That Contributor is then a Commercial 
Contributor. If that Commercial Contributor then makes performance 
claims, or offers warranties related to Product X, those performance 
claims and warranties are such Commercial Contributor's responsibility 
alone. Under this section, the Commercial Contributor would have to 
defend claims against the other Contributors related to those 
performance claims and warranties, and if a court requires any other 
Contributor to pay any damages as a result, the Commercial Contributor 
must pay those damages.

5. NO WARRANTY

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED 
ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, 
EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES 
OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR 
A PARTICULAR PURPOSE. Each Recipient is solely responsible for 
determining the appropriateness of using and distributing the Program 
and assumes all risks associated with its exercise of rights under this 
Agreement, including but not limited to the risks and costs of program 
errors, compliance with applicable laws, damage to or loss of data, 
programs or equipment, and unavailability or interruption of operations.

6. DISCLAIMER OF LIABILITY

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR 
ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, 
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING 
WITHOUT LIMITATION LOST PROFITS), 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 OR 
DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED 
HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. GENERAL

If any provision of this Agreement is invalid or unenforceable under 
applicable law, it shall not affect the validity or enforceability of 
the remainder of the terms of this Agreement, and without further action 
by the parties hereto, such provision shall be reformed to the minimum 
extent necessary to make such provision valid and enforceable.

If Recipient institutes patent litigation against a Contributor with 
respect to a patent applicable to software (including a cross-claim or 
counterclaim in a lawsuit), then any patent licenses granted by that 
Contributor to such Recipient under this Agreement shall terminate as of 
the date such litigation is filed. In addition, if Recipient institutes 
patent litigation against any entity (including a cross-claim or 
counterclaim in a lawsuit) alleging that the Program itself (excluding 
combinations of the Program with other software or hardware) infringes 
such Recipient's patent(s), then such Recipient's rights granted under 
Section 2(b) shall terminate as of the date such litigation is filed.

All Recipient's rights under this Agreement shall terminate if it fails 
to comply with any of the material terms or conditions of this Agreement 
and does not cure such failure in a reasonable period of time after 
becoming aware of such noncompliance. If all Recipient's rights under 
this Agreement terminate, Recipient agrees to cease use and distribution 
of the Program as soon as reasonably practicable. However, Recipient's 
obligations under this Agreement and any licenses granted by Recipient 
relating to the Program shall continue and survive.

Everyone is permitted to copy and distribute copies of this Agreement, 
but in order to avoid inconsistency the Agreement is copyrighted and may 
only be modified in the following manner. The Agreement Steward reserves 
the right to publish new versions (including revisions) of this 
Agreement from time to time. No one other than the Agreement Steward has 
the right to modify this Agreement. IBM is the initial Agreement 
Steward. IBM may assign the responsibility to serve as the Agreement 
Steward to a suitable separate entity. Each new version of the Agreement 
will be given a distinguishing version number. The Program (including 
Contributions) may always be distributed subject to the version of the 
Agreement under which it was received. In addition, after a new version 
of the Agreement is published, Contributor may elect to distribute the 
Program (including its Contributions) under the new version. Except as 
expressly stated in Sections 2(a) and 2(b) above, Recipient receives no 
rights or licenses to the intellectual property of any Contributor under 
this Agreement, whether expressly, by implication, estoppel or 
otherwise. All rights in the Program not expressly granted under this 
Agreement are reserved.

This Agreement is governed by the laws of the State of New York and the 
intellectual property laws of the United States of America. No party to 
this Agreement will bring a legal action under this Agreement more than 
one year after the cause of action arose. Each party waives its rights 
to a jury trial in any resulting litigation.