IMAGE POWER JPEG-2000 PUBLIC LICENCE
************************************
GRANT:
Permission is hereby granted, free of charge, to any person (the
"User")
obtaining a copy of this software and associated documentation, to
deal
in the JasPer Software without restriction, including without
limitation
the right to use, copy, modify, merge, publish, distribute,
sublicense,
and/or sell copies of the JasPer Software (in source and binary
forms),
and to permit persons to whom the JasPer Software is furnished to
do so,
provided further that the Licence Conditions below are met.
Licence Conditions
******************
A. Redistributions of source code must retain the above copyright
notice,
and this list of conditions, and the following disclaimer.
B. Redistributions in binary form must reproduce the above
copyright
notice, and this list of conditions, and the following disclaimer
in
the documentation and/or other materials provided with the
distribution.
C. Neither the name of Image Power, Inc. nor any other
contributor
(including, but not limited to, the University of British Columbia
and
Michael David Adams) may be used to endorse or promote products
derived
from this software without specific prior written permission.
D. User agrees that it shall not commence any action against Image
Power,
Inc., the University of British Columbia, Michael David Adams, or
any
other contributors (collectively "Licensors") for infringement of
any
intellectual property rights ("IPR") held by the User in respect of
any
technology that User owns or has a right to license or sublicense
and
which is an element required in order to claim compliance with
ISO/IEC
15444-1 (i.e., JPEG-2000 Part 1). "IPR" means all intellectual
property
rights worldwide arising under statutory or common law, and
whether
or not perfected, including, without limitation, all (i) patents
and
patent applications owned or licensable by User; (ii) rights
associated
with works of authorship including copyrights, copyright
applications,
copyright registrations, mask work rights, mask work
applications,
mask work registrations; (iii) rights relating to the protection
of
trade secrets and confidential information; (iv) any right
analogous
to those set forth in subsections (i), (ii), or (iii) and any
other
proprietary rights relating to intangible property (other than
trademark,
trade dress, or service mark rights); and (v) divisions,
continuations,
renewals, reissues and extensions of the foregoing (as and to the
extent
applicable) now existing, hereafter filed, issued or acquired.
E. If User commences an infringement action against any Licensor(s)
then
such Licensor(s) shall have the right to terminate User's licence
and
all sublicences that have been granted hereunder by User to other
parties.
F. This software is for use only in hardware or software products
that
are compliant with ISO/IEC 15444-1 (i.e., JPEG-2000 Part 1). No
licence
or right to this Software is granted for products that do not
comply
with ISO/IEC 15444-1. The JPEG-2000 Part 1 standard can be
purchased
from the ISO.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
LICENCE.
NO USE OF THE JASPER SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT
UNDER
THIS DISCLAIMER. THE JASPER SOFTWARE IS PROVIDED BY THE LICENSORS
AND
CONTRIBUTORS UNDER THIS LICENCE ON AN ``AS-IS'' BASIS, WITHOUT
WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION,
WARRANTIES THAT THE JASPER SOFTWARE IS FREE OF DEFECTS, IS
MERCHANTABLE,
IS FIT FOR A PARTICULAR PURPOSE OR IS NON-INFRINGING. THOSE
INTENDING
TO USE THE JASPER SOFTWARE OR MODIFICATIONS THEREOF FOR USE IN
HARDWARE
OR SOFTWARE PRODUCTS ARE ADVISED THAT THEIR USE MAY INFRINGE
EXISTING
PATENTS, COPYRIGHTS, TRADEMARKS, OR OTHER INTELLECTUAL PROPERTY
RIGHTS.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE JASPER
SOFTWARE
IS WITH THE USER. SHOULD ANY PART OF THE JASPER SOFTWARE PROVE
DEFECTIVE
IN ANY RESPECT, THE USER (AND NOT THE INITIAL DEVELOPERS, THE
UNIVERSITY
OF BRITISH COLUMBIA, IMAGE POWER, INC., MICHAEL DAVID ADAMS, OR
ANY
OTHER CONTRIBUTOR) SHALL ASSUME THE COST OF ANY NECESSARY
SERVICING,
REPAIR OR CORRECTION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY,
WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL
THE
INITIAL DEVELOPER, THE UNIVERSITY OF BRITISH COLUMBIA, IMAGE POWER,
INC.,
MICHAEL DAVID ADAMS, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
THE
JASPER SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE
TO
THE USER OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE
OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES,
EVEN IF
SUCH PARTY HAD BEEN INFORMED, OR OUGHT TO HAVE KNOWN, OF THE
POSSIBILITY
OF SUCH DAMAGES. THE JASPER SOFTWARE AND UNDERLYING TECHNOLOGY ARE
NOT
FAULT-TOLERANT AND ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR
USE OR
RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS
REQUIRING
FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR
FACILITIES,
AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL,
DIRECT
LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF
THE
JASPER SOFTWARE OR UNDERLYING TECHNOLOGY OR PRODUCT COULD LEAD
DIRECTLY
TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL
DAMAGE
("HIGH RISK ACTIVITIES"). LICENSOR SPECIFICALLY DISCLAIMS ANY
EXPRESS
OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. USER WILL
NOT
KNOWINGLY USE, DISTRIBUTE OR RESELL THE JASPER SOFTWARE OR
UNDERLYING
TECHNOLOGY OR PRODUCTS FOR HIGH RISK ACTIVITIES AND WILL ENSURE
THAT ITS
CUSTOMERS AND END-USERS OF ITS PRODUCTS ARE PROVIDED WITH A COPY OF
THE
NOTICE SPECIFIED IN THIS SECTION.