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PLS Free Software License Agreement 1.0 [1999] PubRL 13 (1 January 1999)

PLS Free Software License Agreement

Version: 10

Copyright: 1999, America Online, Ins. All Rights Reserved.

URL: http://web.archive.org/web/20030603202719/http://www.pls.com/license.htm

Type: Software

Media: Software

Country: USA

Licence text

PLEASE READ THIS LICENSE DOCUMENT (THE "LICENSE") CAREFULLY BEFORE USING THE LICENSED SOFTWARE.  BY USING THE LICENSED SOFTWARE YOU ACCEPT THE LIMITATIONS AND CONDITIONS OF THIS LICENSE.  IF YOU DO NOT ACCEPT THESE LICENSE TERMS, PROMPTLY ERASE OR OTHERWISE DESTROY THE UNUSED SOFTWARE AND ALL OTHER MATERIALS PROVIDED WITH IT.  

1. Definitions.  
  
1.1. "AOL Marks" means America OnlineTM, AOLTM, the AOL triangle logo, CPLTM, Personal LibrarianTM, Personal Library SoftwareTM, PLAgentTM, PLSTM, PLWebTM, PLWeb-CDTM, and PLWeb TurboTM.  
  
1.2. "Documentation" means the user's guide or user's manual that America Online publishes and supplies with the Licensed Software.  
  
1.3. "Integrated Work" means a combination of the Licensed Software with application code or data owned by or licensed by You such that the Licensed Software is technically and/or contractually incapable of being used except as part of the Integrated Work.  
  
1.4. "Licensed Software" means any of the following information indexing and retrieval products:  
  
1.4.1. the object library under the name "Callable Personal Librarian" or "CPL," version 6.3, for such platforms and together with such updates as America Online may decide in its discretion to release for general distribution; or  
  
1.4.2. the executable object code under the name "Personal Librarian," version 4.15 for Windows ("PLWin") or Macintosh ("PLMac"), together with such updates as America Online may decide in its discretion to release for general distribution; or  
  
1.4.3. the executable object code under the name "PLWeb," version 3.0, for such platforms and together with such updates as America Online may decide in its discretion to release for general distribution; or  
  
1.4.4. the executable object code under the name "PLWeb-CD" version 1.x, for such platforms and together with such updates as America Online may decide in its discretion to release for general distribution; or  
  
1.4.5. the executable object code under the name "PLWeb Turbo," version 2.6, for such platforms and together with such updates as America Online may decide in its discretion to release for general distribution.  
  
1.5. "You" means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License.  For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You.  For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.  
  
2. License Grant.  AOL hereby grants You a world-wide, royalty-free, non-exclusive license (a) to use, reproduce, sublicense and distribute the Licensed Software, including as part of one or more Integrated Works; (b) to provide support and maintenance to a third-party in the use of the Licensed Software and in the development and use of one or more Integrated Works; and (c) to use, reproduce, sublicense and distribute the Documentation in connection with all of the foregoing.  Perl scripts incorporated with the Licensed Software may be used and modified to facilitate use of the Licensed Software or Integrated Works.  
  
3. Restrictions.  
  
3.1. Ownership.  You acknowledge that AOL and its licensors own all rights in the Licensed Software and Documentation.  The remaining portions of the Integrated Works are the property of their respective owners and may be protectable by applicable copyright or other law.  
  
3.2. Source Code.  Except for the rights expressly granted with regard to Perl scripts, this License gives you no rights to the source code for the Licensed Software.  You agree not to attempt to decompile, disassemble, reverse engineer or otherwise discover such source code.  
  
3.3. Notices.  You agree to reproduce copyright and other proprietary rights notices and restricted use legends that were on the original copy of the Licensed Software and Documentation on all copies of the Licensed Software, Documentation, and Integrated Works.  
  
3.4. Sublicensing.  The Licensed Software, Documentation, and Integrated Works may only be distributed under a sublicense containing terms that are no less restrictive than this agreement.  
  
3.5. US Government Restricted Rights.  You shall adhere to all applicable laws, regulations, and rules relating to the export of technical data and shall not export or re-export the Licensed Software, Integrated Works, or Documentation to any proscribed country listed in such applicable laws, regulations, and rules unless properly authorized.  In the event the Licensed Software is acquired by or on behalf of the US Government (either as a stand-alone product or as part of an Integrated Work), the Licensed Software and Documentation are provided only with "Restricted Rights" and "Limited Rights" respectively.  
  
4. Termination.  This License is effective until terminated.  You may terminate this License at any time by destroying the Licensed Software and Documentation, and all copies thereof, including partial copies.  This License will also terminate automatically without notice from AOL if you fail to comply with any provision of this License.  Upon termination, all rights granted under this License shall terminate, and all complete and partial copies of the Licensed Software and Documentation must be destroyed.  Provisions of this License which, by their nature, contemplate continued effect after termination of the License shall survive such termination, including paragraphs 3, 4, 8, 9, and 10.  Termination shall not affect the continuing validity of any sublicense granted by You prior to termination.  
  
5. Fees.  There is no fee for this License.  This agreement does not grant You any right to enhancements or updates to, or support or maintenance for, the Licensed Software.  Enhancements and updates may be available to You to the extent AOL decides in its discretion to make them generally available.  
  
6. Web Linking.  You agree that the search screens and results screens on any Web site where the Licensed Product or an Integrated Work is installed will contain (a) a notice that the site is "Powered by PLS," and (b) at least one hyperlink to http://www.aol.com.  You can obtain information about establishing such a link at http://www.aol.com/info/link.html.  Except for the limited permission provided in this agreement, You are not granted any right to use the AOL Marks.  
  
7. No Warranty.  THE LICENSED SOFTWARE AND DOCUMENTATION ARE PROVIDED ON AN "AS IS" BASIS.  AOL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS-FREE, OR THAT THE LICENSED SOFTWARE WILL BE YEAR 2000 COMPLIANT, OR THAT DEFECTS IN THE LICENSED SOFTWARE WILL BE CORRECTED.  AOL 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.  SHOULD THE LICENSED SOFTWARE OR DOCUMENTATION PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.  THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.  NO USE OF THE LICENSED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER  
  
8. Limitation of Liability.  UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER CONTRACT, TORT, OR OTHERWISE, SHALL AOL BE LIABLE FOR INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER ECONOMIC LOSS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF AOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.  
  
9. Governing Law.  This License shall be interpreted, construed, and enforced in accordance with the laws of the Commonwealth of Virginia, except for its conflict-of-law provisions.  
  
10. Jurisdiction.  You agree that any litigation relating to this License may only be brought in, and You shall be subject to the jurisdiction of, the courts of the Commonwealth of Virginia and the federal courts in the Northern District of Virginia, with the losing party responsible for costs, including court costs, reasonable attorney's fees and expenses.  
  
11. No Other Agreement.  This License constitutes the entire agreement between the parties relating to the Licensed Software and Documentation and supersedes any proposal or prior agreement, oral or written, and any other communication relating to the subject matter of this License.  If any provision of this License is held to be unenforceable in any respect, such provision shall be reformed only to the extent necessary to make it enforceable.  
  
12. Acknowledgment.  You acknowledge that You have read this License, understand it, and agree to be bound by its terms and conditions.  
  
13. Contact.  Contact AOL with any questions via feedback.