General Software License Agreement
Mobile Intelligence Corporation
Version 1.0 - April 12, 2002
Any software downloaded from this site ("the MIC Software") is non-exclusively licensed to you under one of the following terms:
Using the MIC Software for Free Under GPL
The MIC Software is released under the GNU General Public License (GPL). The formal terms of the GPL license can be found at http://www.gnu.org/licenses/. See also http://www.gnu.org/licenses/gpl-faq.html. Since the MIC Software is released under the GPL, it may often be used for free, but for certain uses you may want or need to buy commercial licenses from MIC. Please note that the use of the MIC Software under commercial license or the GPL does not automatically give you the right to use MIC trademarks.
You can use the MIC Software for free under the GPL:
If you link a program with code from the MIC Software and release the resulting product under GPL or a substantially similar Open Source licensing agreement.
If you distribute the MIC Source code bundled with other programs that are not linked to or dependent on the MIC Software for their functionality even if you sell the distribution commercially.
If you use the MIC Software internally in your company or organization.
Even if your use of MIC Software does not require a commercial license, we encourage you to purchase support from MIC anyway. This way you encurage and contribute to its continued development.
Using the MIC Software Under a Commercial License
The GPL license is contagious in the sense that when a program is linked to a GPL program the resulting product must also be released under GPL lest you break the license terms and forfeit your right to use the GPL program altogether. You need a commercial license:
When you link a program with code from the MIC Software and don't want the resulting product to be GPL, maybe because you want to build a commercial product or keep the added non-GPL code closed source for other reasons. When purchasing commercial licenses, you are not using the MIC Software under GPL even though it's the same code.
When you embed the MIC Software within a physical device (embedded software) and sell or license the physical device to others.
When you distribute a non-GPL application that ONLY works with the MIC Software and ship it with the MIC Software. This type of solution is actually considered to be linking even if it's done over a network.
When you distribute copies of the MIC Software without providing the source code as required under the GPL license.
When you want to support the further development of the MIC Software even if you don't formally need a commercial license. Purchasing support directly from MIC is a good way of contributing to the development of the MIC Software.
If you require a license, you will need one for each installation of the MIC Software. This covers any number of CPUs on a machine, and there are no artificial limits imposed in any way. To purchase commercial licenses and support, please contact our sales staff at firstname.lastname@example.org.
Unable to Comply
If you are unwilling or unable to meet either of these licensing requirements you must TERMINATE this Agreement by destroying the original and all copies of the MIC Software, in whatever form.
DISCLAIMER OF WARRANTY ON MIC Software
You expressly acknowledge and agree that your use of the MIC Software is at your sole risk.
THE MIC SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND MIC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MIC SOFTWARE IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTIES, REMEDIES AND LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN MIC AND YOU. MIC WOULD NOT BE ABLE TO PROVIDE THE MIC SOFTWARE WITHOUT SUCH LIMITATIONS.
LIMITATION OF LIABILITY
THE MIC SOFTWARE IS BEING PROVIDED TO YOU FREE OF CHARGE. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MIC BE LIABLE UNDER ANY THEORY OR FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHER DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MIC SOFTWARE OR OTHERWISE RELATING TO THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS), EVEN IF MIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU.
ADDITIONAL PROVISIONS YOU SHOULD BE AWARE OF
This Agreement constitutes the entire agreement between you and MIC regarding the MIC Software and supersedes any prior representations, understandings and agreements, either oral or written. No amendment to or modification of this Agreement will be binding unless in writing and signed by MIC.
U.S. GOVERNMENT RESTRICTED RIGHTS
If the MIC Software or any accompanying documentation is used or acquired by or on behalf of any unit, division or agency of the United States Government, this provision applies. The MIC Software and any accompanying documentation is provided with RESTRICTED RIGHTS. The use, modification, reproduction, release, display, duplication or disclosure thereof by or on behalf of any unit, division or agency of the Government is subject to the restrictions set forth in subdivision (c)(1) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19 and the restrictions set forth in the Rights in Technical Data-Non-Commercial Items clause set forth in 48 CFR 252.227-7013. The contractor/manufacturer of the MIC Software and accompanying documentation is Mobile Intelligence Corporation, 33150 Schoolcraft Road, Suite 108, Livonia, Michigan 48150, U.S.A.
(c) 2002-2004 Mobile Intelligence Corporation. All rights reserved.