I'm not sure there is a problem here, but here goes... If you go to this
website:
http://dynomotion.com/
and download this file:
http://dynomotion.com/Software/KMotion418.exe
and run it (I used WINE), it installs some CNC control software that
incorporates some of EMC's source code. It requires user agreement to
the EULA below which contains all sorts of non-GPL type restrictions.
There is actually a bunch of source code included with the program, but
not enough to build the entire program (I don't think...). I also
suspect that the EMC code is "linked" in the GPL sense. Either way, the
EULA, wow...
Sure glad I'm not on the board anymore,
Matt
DYNOMOTION, INC. LICENSE AGREEMENT
IMPORTANT: This is a legal agreement (the "Agreement")
between you (the "User") and Dynomotion, Inc., with its principal
place of business at Calabasas, California, U.S.A.
("DYNOMOTION"). It is important that you read this document
before opening the accompanying package containing the
software (the "Software") or using the Software. By opening the
sealed package and/or using the Software, you acknowledge that
you have read this Agreement and agree to be bound by its terms.
If you do not agree, promptly return the unopened Software and
accompanying items to DYNOMOTION for a full refund of the
amount, if any, paid by User to DYNOMOTION for license of
the Software.
1. License Grant: DYNOMOTION grants you a non-exclusive,
non-transferable, limited license to use the copy of the Software,
and accompanying materials enclosed in this package
(collectively the "Product") on the Designated Computer (as
defined below) subject to the terms and conditions set forth in this
Agreement. You may transfer the Software to the Designated
Computer provided you keep the original Software solely for
backup or archival purposes. "Designated Computer" for any
Software means the single computer processor that is owned or
controlled and operated by User and designated as the computer
processor on which the Software will be used. All rights not
expressly granted to User herein are retained by
DYNOMOTION.
2. Ownership: All rights, title and interest to the Software, and
accompanying materials related to the Software, and any
proprietary information contained on the media, are owned by
DYNOMOTION and are protected by copyright, trademark and
trade secret law and international treaties. You acquire only the
right to use the Software and accompanying materials related to
the Software during the term of, and subject to, this Agreement.
You agree not to develop separate software applications of any
kind derived from the Software, the User's documentation, or any
other proprietary information of DYNOMOTION. Any rights,
express or implied, in the Software and accompanying materials,
and any proprietary information contained in the media are
reserved by DYNOMOTION, except as expressly specified in
this Agreement. You must treat the Software like any other
copyrighted material except as otherwise provided under this
Agreement. You agree not to remove, deface or obscure
DYNOMOTION's copyright or trademark notices and/or legends
or proprietary notices on the Software and/or accompanying
materials, and/or contained in or on the media.
3. Copies and Modifications: You may make one copy of the
Software solely for back-up purposes, provided that you
reproduce and include all copyright/proprietary rights notice(s) on
the copy. You may make copies of any of the documentation
included in the Product for your internal use only. You may not
nor may you assist another to, modify, translate, convert to
another programming language, decompile, reverse engineer or
disassemble any portions of the Product. Except as otherwise
provided by this agreement, you may not copy the Software. You
agree to notify your employees and/agents who may have access
to the Software of the restrictions contained in this Agreement
and to ensure their compliance with such restrictions.
4. Taxes: User shall be liable for and shall pay all charges and
taxes (local, state and federal), including all sales and use taxes,
which may now or hereafter be imposed or levied upon the
license or possession or use of the Software, excluding, however,
taxes based on DYNOMOTION's income.
5. Confidentiality: By accepting this license, you acknowledge
that the Software and accompanying materials, and any
proprietary information contained in the media are proprietary in
nature and contain valuable confidential information developed or
acquired at great expense. You agree not to disclose to others or
utilize such trade secrets or proprietary information except as
provided herein.
6. Term: This Agreement is effective from the date you open the
sealed package and/or use the Software until terminated.
DYNOMOTION and/or you may terminate this Agreement at any
time by giving 30 days written notice of termination to the other
party. Notwithstanding the above, if you fail to comply with any
term of this Agreement, or if you become the subject of a
voluntary or involuntary petition in bankruptcy or any proceeding
relating to insolvency, receivership, liquidation, or composition
for the benefit of creditors, if that petition or proceeding is not
dismissed with prejudice within 30 days after filing,
DYNOMOTION may terminate this Agreement immediately
upon notice to you. Upon termination of this Agreement, you
agree to then cease all use of the Software, and to either destroy
or promptly return to DYNOMOTION the Product together with
any copies you have made thereof. Notwithstanding the remedies
provided above, DYNOMOTION may enforce its other legal
rights. Sections 2, 4, 5, 9, 10 and 12-16 will survive termination
of this Agreement.
7. Assignment: You may not assign, sublicense, rent, loan, lease,
convey or otherwise transfer this Agreement or the Product
without permission, in writing, from DYNOMOTION. Any
unauthorized assignment, sublicense, rental, loan, lease,
conveyance or other transfer of any copy of the Software and/or
accompanying materials shall be void and shall automatically
terminate this Agreement.
8. Limited Warranty: DYNOMOTION warrants that the Software
provided to you shall operate as described in the accompanying
documentation under normal use for a period of ninety (90) days
from the date of your receipt thereof. For the purposes of this
Section 8, "Defective Software" means Software, which does not
operate as described in the accompanying documentation under
normal use during the warranty period. DYNOMOTION's
warranty as set forth above shall not be enlarged, diminished or
affected by, and no liability shall arise out of, DYNOMOTION's
rendering of technical advice or service in connection with the
Product. DYNOMOTION does not warrant that the Software
will meet your requirements, operate without interruption or be
error free. Your sole remedy under this Section 8 shall be, at
DYNOMOTION's sole discretion, (i) repair or replacement of
any Defective Software, or (ii) return of the amount, if any, paid
by the User to DYNOMOTION for the Defective Software. Any
replacement Software will be warranted for the remainder of the
warranty period for the original Software.
9. Warranty Exceptions: THE SOFTWARE IS PROVIDED "AS
IS," EXCEPT AS EXPRESSLY STATED IN SECTION 8. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, DYNOMOTION DISCLAIMS ALL OTHER
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF PERFORMANCE OR
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR AGAINST INFRINGEMENT. YOU BEAR ALL
RISK RELATING TO QUALITY AND PERFORMANCE OF
THE SOFTWARE, AND ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION
UNLESS YOU AND DYNOMOTION HAVE EXECUTED AN
AGREEMENT WITH RESPECT TO MAINTENANCE AND
SUPPORT OF THE SOFTWARE, IN WHICH CASE
DYNOMOTION WILL BE RESPONSIBLE FOR SERVICING,
REPAIR OR CORRECTION OF THE SOFTWARE IN
ACCORDANCE WITH SUCH AGREEMENT. SOME
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES, SO THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN THAT EVENT, SUCH
WARRANTIES ARE LIMITED TO THE WARRANTY
PERIOD. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH
VARY FROM JURISDICTION TO JURISDICTION.
10. Limitation of Remedies: DYNOMOTION's maximum
liability for any claim by you or anyone claiming through or on
behalf of you arising out of this Agreement shall not in any event
exceed the actual amount paid by you for the license to the
Software. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, DYNOMOTION SHALL NOT BE
LIABLE FOR THE LOSS OF REVENUE OR PROFITS,
EXPENSE OR INCONVENIENCE, OR FOR ANY OTHER
DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES, ARISING
OUT OF THIS AGREEMENT OR CAUSED BY THE USE,
MISUSE OR INABILITY TO USE THE SOFTWARE, EVEN IF
DYNOMOTION HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS LIMITED
WARRANTY SHALL NOT EXTEND TO ANYONE OTHER
THAN THE ORIGINAL USER OF THE SOFTWARE. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.
11. Support: DYNOMOTION will provide technical support free
of charge to the User for a period of thirty (30) days from the
User's receipt of the Software (the "Support Period"); such
support will be provided solely via telephone and/or electronic
mail during DYNOMOTION's normal business hours.
12. Governing Law: This Agreement shall be governed by the
laws of the Commonwealth of California, U.S.A., exclusive of its
choice of law principles.
13. General Provisions: If any provision of this Agreement is held
to be void, invalid, unenforceable or illegal, the other provisions
shall continue in full force and effect. Failure of a party to
enforce any provision of this Agreement shall not constitute or be
construed as a waiver of such provision or of the right to enforce
such provision. If any legal action, including arbitration, arises
under this agreement or by any reason of any asserted breach of
this Agreement, the prevailing party shall be entitled to recover
all costs and expenses, including reasonable attorneys' fees,
incurred as a result of such legal action.
14. Export: You agree to comply fully with all laws and
regulations of the United States and other countries ("Export
Laws") to assure that neither the Software nor its accompanying
materials are (1) exported or imported, directly or indirectly, in
violation of Export Laws, or (2) used for any purpose prohibited
by Export Laws.
15. U.S. Government Restricted Rights: The Software and
accompanying materials are provided with RESTRICTED
RIGHTS. Use, duplication or disclosure by the government is
subject to restrictions as set forth in the Commercial Computer
Software Restricted Rights clause at FAR 52.227-19 subdivision
(c)(1) and (2), as applicable.
16. Acknowledgement: THIS AGREEMENT IS THE
COMPLETE AND EXCLUSIVE STATEMENT OF
AGREEMENT BETWEEN THE PARTIES AND
SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS,
VERBAL OR WRITTEN, AND ANY OTHER
COMMUNICATIONS BETWEEN THE PARTIES RELATING
TO THE SUBJECT MATTER OF THIS AGREEMENT. NO
AMENDMENT TO THIS AGREEMENT SHALL BE
EFFECTIVE UNLESS SIGNED BY AN OFFICER OF
DYNOMOTION.
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