License Terms and Agreement for the Makedoc C, C++ and Qt Source Code Documentation Generator, Copyright (c) 2005-2006 Michel MEHL, Haguenau, France. This License Agreement for the Makedoc software is a legal agreement between you, the Licensee, (either an individual or a single entity), and ERSA SaRL, the distributor of the software, for (a) using the Software and any work derived from the Software FREE OF CHARGE; (b) using the Software and any work derived from the Software IN EXCHANGE FOR A FEE PAYMENT; depending on the conditions defined herein below. No permission is granted to anyone to use, copy, distribute or modify the Software or any work derived from or based on the Software except as expressly provided under this License. If you do not accept the terms and conditions of this License, do not use, copy, distribute or modify the Software. 1. Definitions. "Software" means all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (a) the Makedoc command line executable file(s); (b) the default documentation template file(s) in HTML format; (c) the default documentation style template file(s) in CSS format; (d) the sample generation project file(s) provided as example for using Makedoc; (e) all related explanatory written materials or files ("Documentation") including the "on-line" documentation pages in HTML format. A "work derived from the Software" is any derivative work which is derived from the Software, typically a HTML documentation file generated by Makedoc. Files originally generated with Makedoc and modified and/or renamed by the Licensee or anyone else afterwards are included into this definition. A "work based on the Software" is any program which incorporates Makedoc executable file itself or any file provided with Makedoc including, but not limited to, the default HTML documentation template file(s) and CSS style template file(s). This definition also includes any translation, improvement, enhancement, extension or other modification of the Software. To "use" means (a) to execute (i.e. run) the Makedoc executable to generate a source code documentation file(s) in HTML format or any other kind of file generated by the tool; (b) to read and work with documentations totally or partly generated by Makedoc; (c) to read the Documentation for the sole purpose of using the Software as defined in (a) and (b); (d) or otherwise benefit from using the functionality of the Software in accordance with the Documentation. To "copy" means to create one or more copies of the Software, or part(s) of it, on whatever medium. To "distribute" means to broadcast, publish, transfer, post, upload, download or otherwise disseminate the Software or part(s) of it in any medium to any third party. To "modify" means to create a work based on the Software or change any function of the Software. "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. ERSA SaRL is a French company, located 5 rue Maurice Blin, 67500 Haguenau, France. ERSA SaRL is a subsidiary of AEA Technology plc, located Derby, United Kingdom (http://www.aeat.co.uk). 2. License to Use. 2.1 General Conditions For Free Use ERSA SaRL grants to you a non-exclusive, non-transferrable license to use the Software FOR FREE under the following conditions: (a) You use the Software for evaluation purposes, for 1 month from the first use. Once the evaluation period expired, all output documentation generated during evaluation must be removed if it does NOT fall under any of the other conditions for the FREE use of the Software; (b) or you use the Software for private purposes and developments (eg. GNU projects), home works; (c) or you are an independent worker, i.e. not directly employed by any business or organisation intended for lucrative purposes or not; (d) or you are a student or a University or College staff member. (e) you comply with the terms of this Software License Agreement; (f) the tool is used for the purposes described in the Documentation. If you comply with these Software License Terms, you become the owner of any source code documentation file generated with the Software. Otherwise, the generated files remain the exclusive intellectual property of the Software copyright holder Michel MEHL. The paragraph(s) 2.3(a) of this Sofware Agreement is here NOT relevant. The paragraph 2.3(b) remains in force. 2.2 General Conditions For Use Subject To Fee Payment ERSA SaRL grants to you a non-exclusive, non-transferrable license to use the Software in exchange for a license fee under the following conditions: (a) it is used within any business, except if the generated output is not read and used over time by more than 2 people employed by or working for the business. This rule applies, but does not restrict to the following cases: (aa) It is used as part of the Quality Management System (QMS) of the company, or any other organisation that has lucrative purposes, in order to fulfill its business operation or whatever project; (ab) or outputs of the generator, i.e. generated HTML files, are read and consulted as documentation support by more than 2 employees or people working for a business or any other organisation in order to fulfill their business operation; (ac) or the Sofware brings a valuable benefit in the business operation, e.g. when used as training tool in training courses. (b) or the Software is distributed as part of another product in the aim of making profit or not; (c) or the Software is used for any other purpose for which it is not explicitly stipulated that it can be used free of charge. (d) you comply with the terms of this Software License Agreement; (e) the tool is used for the purposes described in the Documentation. If you comply with these Software License Terms, you become the owner of any source code documentation file generated with the Software. Otherwise, the generated files remain the exclusive intellectual property of the Software copyright holder Michel MEHL. 2.3 Restrictions (a) When the Software is subject to a license fee payment, the license granted hereby is only valid for a single postal address and the Software must be used at that postal address. (b) In no event shall ERSA SaRL be liable for the unability to run the Software on whatever computer, operating system and environment. It is up to the Licensee to check whether the Software is operational and usable as described in the Documentation and within the range of the supported platforms and environments. 2.4 Duration / Type of license The license is permanent, i.e. there is no limit of validity in time bound to the license, except the lifetime of the computer and operating system which the Sofware is used on. 2.5 License enforcement Enforcement of license is achieved through applicable copyright laws and treaty provisions. 2.6 No Modification. You may not alter or modify the Software or create a new installer for the Software. The Software is licensed and distributed by ERSA SaRL exclusively. You are not authorised to integrate or use the Software with any other software without express written permission of ERSA SaRL. 2.7 Limited Support ERSA SaRL AND MICHEL MEHL ARE NOT COMMITTED TO PROVIDE ANY TECHNICAL SUPPORT NOR ANY ASSISTANCE, INSTALLATION, TRAINING OR ANY OTHER SERVICE RELATED TO MAKEDOC OR ANY DERIVATIVE WORK. HOWEVER, WHENEVER MAKEDOC IS NOT USED FREE OF CHARGE, I.E. FOR A LICENSE FEE PAYMENT OR FOR ANY DONATION GREATER THAN 15$, ERSA SaRL and MICHEL MEHL RESERVE THE ABILITY TO ANSWER ANY INQUIRY AND TO DO THEIR BEST TO IMPROVE THE SOFTWARE OR SOLVE ANY REPORTED ISSUE. 2.8 No Warranty of any kind ERSA SaRL DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY OTHER WARRANTY WITH REGARD TO THE SOFTWARE AND ANY WORK DERIVED FROM IT. ERSA SaRL DOES NOT AND CANNOT WARRANT EITHER THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR ANY WORK DERIVED FROM IT. 2.9 Liability disclaimer IN NO EVENT SHALL ERSA SaRL BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION OR LOST INFORMATION), CLAIMS OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SOFTWARE OR ANY WORK DERIVED FROM THE SOFTWARE, EVEN IF THE AFOREMENTIONED ENTITIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSS OR CLAIMS BY ANY THIRD PARTY. SHOULD THE FOREGOING LIMITATIONS AND EXCLUSIONS NOT APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION, SO SHALL THE SOFTWARE NOT BE USED IN THAT JURISDICTION. ERSA SaRL DISCLAIMS ANY LIABILITY FOR (MIS)USE OF THE SOFTWARE OR ANY WORK DERIVED FROM THE SOFTWARE WITH APPLICABLE LAW INCOMPATIBLE WITH THESE LICENSE TERMS. 3. License Distribution, Selling and Reselling. ERSA SaRL holds the exclusive rights to distribute, sell and resell licenses to their customers. Requests shall be sent per email to lloop@ersa-france.com. Up-to-date information are also accessible via the ERSA's home page at http://www.ersa-france.com/makedoc. 4. Intellectual Property Ownership, Copyright Protection. The Software and any authorised copy that you make are the intellectual property of and are owned by Michel MEHL, living in the city of Haguenau, France. The structure, organisation and code of the Software are the valuable trade secrets and confidential information of Michel MEHL. The Software is protected by law, including without limitation the copyright laws of France and other countries, and by international treaty provisions. The Software is licensed, not sold. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by Michel MEHL. De facto some restrictions apply, including, but not limited to : (a) You may not copy the Software except for back-up purposes, (b) You may not sell, distribute copies nor transfer parts of the Software in any medium, (c) You may not modify, adapt or translate the Software, You shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software, (d) You may not, rent, lease, sublicense, assign or transfer your rights in the Software, or authorise all or any part of the Software to be copied onto another user's computer. 5. Contributions Any feedback information about projects making use of Makedoc is welcome. On request and under acceptation of ERSA SaRL, an Internet link can be made from the Makedoc web site to related sites, free of charge. The right remains with ERSA SaRL to organise or remove these links as it thinks best. 6. Termination of this Agreement. ERSA SaRL may terminate this Agreement at any time if you violate or attempt to violate any of the terms and conditions of this License. Upon termination, you will immediately destroy and return all copies of the Software as well as any work derived from or based on the Software resulting from that violation. 7. License scope and modification. This License sets forth the entire agreement between Licensee and ERSA SaRL and supersedes all prior agreements and understandings between the parties relating to the subject matter hereof. None of the terms of this License may be waived or modified except as expressly agreed in writing by the copyright holder Michel MEHL. 8. Governing Law. This Agreement will be governed by and construed in accordance with the substantive laws in force in France. By default, the international copyright laws always apply. 9. General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by ERSA SaRL and Michel MEHL. Updates may be licensed to you with additional or different terms. 10. Compliance with Licenses. If you are a business or organisation, you agree that upon request from ERSA SaRL and any of their authorised representative, you will within thirty (30) days fully document and certify that use of any and all Software at the time of the request is in conformity with the Makedoc license terms.