» version 1.01 - posted on 2004-07-12
shareware mode, bookmark import routines, improved search
» version 1.01 - posted on 2004-07-12
shareware mode, bookmark import routines, improved search
EULA - End User License Agreement
Conceptual Navigator Standard Edition License Ver. 1.01
Copyright (C) 2003, 2004 Joao Garcia. All rights reserved.
This license and disclaimer statement constitutes a legal agreement
("License Agreement") between you (either as an individual or a single
entity) and Joao Garcia (the "Author") for this software product
("Software"), including any software, media, and accompanying on-line
or printed documentation.
This Software includes some portions of software code and software
graphics artwork from other authors. Those portions are clearly
identified below, and the respective copyrights and licenses are
included in sections A and B of the current License Agreement.
This Agreement is governed by the laws of Portugal, except for the
included third-party additional license agreements that apply only to
some clearly identified portions of this Software.
You should carefully read all the terms and conditions included in this
License before using this software. Unless you have a different license
agreement signed by the Author, your use of this software indicates your
acceptance of this license agreement and disclaimer of warranty. If you
DO NOT accept all the terms listed here, you must remove this Software
from any computer under your responsibility and must not use this
Software in any way.
Disclaimer of warranty
THIS Software IS PROVIDED 'AS-IS', WITHOUT ANY EXPRESS OR IMPLIED WARRANTY
OF ANY KIND. In no event will the authors be held liable for any damages
arising from the use of this Software. In particular, but not limited to,
because of the various hardware and software environments into which this
Software may be put, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS
OFFERED. Good data processing procedure dictates that any program be
thoroughly tested with non-critical data before relying on it. The user
must assume the entire risk of using this Software.
Generic license terms
Permission is granted to anyone to use this Software for the designed
purposes, and to redistribute it freely, subject to the following
1. The origin of this Software must not be misrepresented; you must
not claim that you wrote the original Software.
2. Installation must be made using the original
installation file which must not be altered in any way.
3. The installed files must not be altered in any way.
4. This notice may not be removed or altered.
5. This Software has a time-limited fully functional mode when used
without a valid license key ("Shareware trial mode"); when this
trial period expires, the program enters a limited functionality
mode described bellow.
6. This Software has a limited functionality mode when used without a
valid license key ("Demo mode"); a license key may be purchased
to enable full functionality mode ("Registered mode").
7. This Software IS NOT freeware; Trial and Demo modes are provided
only for test purposes during a reasonable amount of time, after
which the user should register the Software or remove it from the
computers used to test it.
8. You may not modify, reverse engineer, decompile, or disassemble
the object code portions of this Software.
The primary site for distribution of the installation file is
Additional license terms
Some portions of this Software are regulated by specific copyrights and
licenses. Those portions and respective licenses are described bellow,
under sections A and B.
Section A. This Software includes code form the Standard Widget Toolkit
(SWT - from eclipse.org) under the terms of the Common Public License
(CPL - available at http://www-124.ibm.com/developerworks/oss/CPLv1.0.htm)
from IBM. The source code under the CPL that is used by this Software can
be obtained at http://abscindere.com/links.php#CodeCPL. The CPL, reproduced
here, applies only to that portion of code:
Common Public License - v 1.0
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.
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
"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
"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
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.
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
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.
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.
Section B. This Software includes some graphics from the
Java(tm) Look and Feel Graphics Repository
Those graphics are under the following copyright and license:
Copyright 2000 by Sun Microsystems, Inc. All Rights Reserved.
Sun grants you ("Licensee") a non-exclusive, royalty free, license to
use, and redistribute this software graphics artwork, as individual
graphics or as a collection, as part of software code or programs that
you develop, provided that i) this copyright notice and license
accompany the software graphics artwork; and ii) you do not utilize the
software graphics artwork in a manner which is disparaging to Sun.
Unless enforcement is prohibited by applicable law, you may not modify
the graphics, and must use them true to color and unmodified in every way.
This software graphics artwork is provided "AS IS," without a warranty
of any kind. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND
WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. SUN
AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY
LICENSEE AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE SOFTWARE
IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE,
PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL,
INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE
THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE
SOFTWARE GRAPHICS ARTWORK, EVEN IF SUN HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
If any of the above provisions are held to be in violation of applicable
law, void, or unenforceable in any jurisdiction, then such provisions
are waived to the extent necessary for this Disclaimer to be otherwise
enforceable in such jurisdiction.
Section C. Trademark Attributions.
Abscindere Software and Conceptual Navigator are either trademarks or
registered trademarks of Joao Garcia in Portugal and/or other countries.
IBM is either registered trademark or trademark of International Business
Machines Corporation in the United States and/or other countries.
Sun, Sun Microsystems, Java and all Java-based trademarks are either
trademarks or registered trademarks of Sun Microsystems, Inc. in the United
States and/or other countries.
Other company, product, and service names may be trademarks or service marks