Ventrilo 3 LICENSE

LICENSE.txt

Ventrilo Public Server Software License, Version 3.0.0

THIS SOFTWARE LICENSE AGREEMENT (the "Agreement') is a legal agreement 
between you (either an individual or single entity) and Flagship Industries, Inc. 
("Flagship") for the software identified above.  By installing, copying, downloading, 
accessing or otherwise using the software or its documentation, you agree to be bound 
by the terms of this Agreement.  If you do not agree to the terms of this Agreement, do 
not install or use the software or its documentation.

COPYING OF THIS COMPUTER PROGRAM OR ITS DOCUMENTATION EXCEPT 
AS PERMITTED BY THIS LICENSE IS COPYRIGHT INFRINGEMENT UNDER THE 
LAWS OF YOUR COUNTRY.  IF YOU COPY THIS COMPUTER PROGRAM 
WITHOUT PERMISSION OF FLAGSHIP, YOU ARE VIOLATING THE LAW.  YOU 
MAY BE LIABLE TO FLAGSHIP FOR DAMAGES, AND YOU MAY BE SUBJECT TO 
CRIMINAL PENALTIES.

1. DEFINITIONS.
1.1 "Software" means the server software identified above and any associated media, 
printed materials, and online or electronic documentation, including any updates or 
supplements provided to you by Flagship.

1.2 "Client Software" means a software product that allows a Client Computer to 
access or utilize the Software.

1.3 "Client Computer" means an electronic device used to access or utilize the 
Software.

1.4 "Server" means a computer capable of running server software.

2. GRANT OF LICENSE. Subject to the terms and conditions of this Agreement, you 
may install a single copy of the Software on one (1) Server owned or leased by you and 
allow up to eight (8) Client Computers to access and use the Software for non-
commercial purposes, provided no fee is charged either directly or indirectly for access 
and use of the Software.

4. USE OF THE SOFTWARE.

4.1 Restrictions on Use. The license granted by Flagship to use the Software is subject 
to the following restrictions:

4.1.1 The Software may be used at any point in time only by eight (8) Client 
Computers.  You agree that attempting to override the configuration 
requirements of the Software shall be a breach of this Agreement, entitling 
Flagship to immediately terminate the license granted herein and to collect 
appropriate damages.

4.1.2 The Software is for personal use only.  You may not use the Software for 
any commercial purpose or charge any fee, directly or indirectly, for copying, use, 
or access to the Software.  You agree not to include use or access to the 
Software in any rental, membership, license agreement or other goods or 
services for which a fee is charged directly or indirectly.  You agree not to rent, 
lease, license, sell or charge any fee directly or indirectly for use or access to any 
Server or other device on which the Software is installed.

4.1.3 The Software is provided in and may be used in machine-readable object 
code form only.  You may use the Software only in its original form, and shall not 
modify, reverse compile, reverse engineer, disassemble, or translate the 
Software.  You may not merge the Software into another program, create any 
derivative works or otherwise use the Software except as specifically permitted in 
this Agreement.  You acknowledge and agree that any modification of the 
Software may subject you to legal action and monetary damages.

4.1.4 This Software is licensed as a single product.  Its components may not be 
separated for use on more than one device. 

4.1.5 You shall not rent, lease, sublicense, lend, allow access to, or transfer the 
Software to any other party, by operation of law or otherwise except as 
specifically permitted in this Agreement.

4.1.6 You may not export or re-export the Software without first having obtained 
the appropriate United States or foreign government export licenses; provided, 
however, that in no event may you export the Software to any country to which 
export is prohibited by the United States, or to any country which is not a 
member of either the Universal Copyright Convention or the Berne Convention (a 
"Member Country"); provided, that any export to a Member Country is only 
permitted if such Member Country recognizes copyright protection for software.

4.1.7 You may not permit any device to access or use the Software through any 
program or means other than Client Software provided and licensed for use by 
Flagship.

4.1.8 You agree not to use any kind of router, firewall or other internet device to 
redirect IP or port numbers to obscure the actual IP address and port number of 
any of your Servers on which the Software is installed.

4.1.9 You may not install or permit any third-party to install any Ventrilo server 
software other than the licensed Software on your computers.

4.2 Proprietary Rights. The Software is copyrighted material under the laws of the 
United States and international treaty provisions.  Notwithstanding the copyright, the 
Software contains trade secrets and confidential information of Flagship.  You may 
make a single copy in machine-readable form of the program that is part of the 
Software; provided the copy is used only as permitted by this Agreement and contains 
the original copyright notice and all proprietary legends.  In addition, you may make a 
single copy of the any documentation accompanying the program for each Client 
Computer, provided all copies of the documentation contain the original copyright notice 
and all proprietary legends.  No other copies may be made of the Software, the 
documentation or any part thereof, except as specifically permitted herein.

4.3 Confidentiality.

4.3.1 Protection of the Software. The Software and all copies of it, regardless of 
the form or media in which the original or copies may exist, are the sole and 
exclusive property of Flagship.  By accepting this license, you agree that the 
Software, including the source and object codes, logic and structure, constitute 
valuable trade secrets of Flagship.  Except as expressly permitted herein, you 
agree not to disclose, post, transfer, transmit, permit downloading or copying or 
otherwise make available any part of the Software to any third party on any 
basis.  By accepting this License, you do not become the owner of the Software 
and Flagship retains all right, title and interest in and to the Software.  This 
section shall survive any termination of this Agreement.  

4.4 Trademarks. This Agreement does not grant you any rights in connection with any 
trademarks or service marks of Flagship.

4.5 Personal Use Only. The Software is for personal use only.  You agree to use the 
software solely for non-commercial, personal use.

4.6 Phone Home Capability.  Flagship may utilize a phone home functionality in which 
the Software periodically communicates with Flagship servers to verify authentication, 
check for new versions and provide more advanced features and functionality.  
Flagship's phone-home system will not collect any information about you, your 
computer, your browsing habits, or your identification.

4.7 Denial of Service.  Flagship expressly reserves the right to temporarily or 
permanently deny service without notice at any time.  Flagship will immediately deny 
service for: (i) use of any unauthorized tool or software; and/or (ii) use of any server or 
client that Flagship determines in its sole discretion to be improper, including but not 
limited to use of any server or client that is fraudulent, "hacked," and/or alternate.

5. TERM OF AGREEMENT.

5.1 Term. This Agreement is effective upon first copying, downloading, accessing or 
other use of the Software, and shall remain in effect until terminated by Flagship or by 
operation of this Agreement.

5.2 Termination.  Flagship may terminate this Agreement and the license granted herein 
upon one (1) month prior notice to you for any reason or immediately upon breach of 
any provision of this Agreement.  You may terminate this Agreement by destroying all 
copies of Software in your possession or control, in whatever form or media, and 
deleting the Software from your computers.

5.3 Actions to be Taken Upon Termination. Upon termination, you agree to immediately 
discontinue use of and destroy all or partial copies of Software, in whatever form or 
media, and to delete the Software from your computer libraries.  You agree to take all 
steps as may be reasonably requested by Flagship to ensure that the Software on your 
computers has been removed.

5.4 Effect of Termination. Termination of this Agreement shall not bar Flagship from 
seeking any other remedy it may have available against you for breach of this 
Agreement.

6. NO WARRANTIES.  FLAGSHIP EXPRESSLY DISCLAIMS ANY WARRANTY FOR 
THE SOFTWARE.  THE SOFTWARE AND ANY RELATED DOCUMENTATION IS 
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR 
IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF 
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR 
NONINFRINGEMENT.  THE ENTIRE RISK ARISING OUT OF USE OR 
PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.

7. LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY 
APPLICABLE LAW, IN NO EVENT SHALL FLAGSHIP BE LIABLE FOR ANY DIRECT, 
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES 
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR 
BUSINESS INTERRUPTION, LOSS OF DATA OR LOSS OF USE OF SERVICES, OR 
ANY OTHER PECUNIARY LOSS) WHETHER BASED UPON PRINCIPLES OF 
CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, 
BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR 
CONTRIBUTION, OR ANY OTHER THEORY OF LIABILITY, IN CONNECTION WITH 
THIS AGREEMENT OR ARISING OUT OF THE USE OF THE SOFTWARE OR THE 
PROVISION OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF FLAGSHIP 
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME 
STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION 
OF LIABILITY, THE ABOVE MAY NOT APPLY TO YOU.

8. INDEMNIFICATION. You agree to defend, indemnify and hold harmless Flagship, its 
officers, directors, employees, agents, representatives, shareholders, successors and 
assigns from all claims, losses, damages, liabilities, obligations, costs and expenses, 
including reasonable attorneys' fees, expenses and other consequences ("Claims") 
arising from (1) your breach of any provision of this Agreement; (2) the unauthorized 
use, duplication or disclosure of the Software provided to you; and/or (3) your use of the 
Software, except for those Claims that arise solely as the result of Flagship's willful 
misconduct or gross negligence.

9. UPDATES AND NEW VERSIONS. Flagship may, at its discretion, make updates or 
new versions of the Software available to you under such terms and conditions as may 
be required by Flagship.  In the event that any such updates or new versions of the 
Software are made available to you, you agree to update, delete from your computers 
and/or otherwise discontinue use of previous versions of the Software.  Unless 
otherwise agreed to in writing, this Agreement shall apply to any updated or new version 
of the Software issued by Flagship.  However, Flagship may, at its discretion, terminate 
this Agreement upon issuance of any new or updated version of the Software and 
require that you to enter into a new license or addendum covering the new or updated 
version of the Software.

10. U.S. GOVERNMENT RESTRICTED RIGHTS.  This Software and documentation is 
provided with RESTRICTED RIGHTS for U.S. Government customers.  Use, 
duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in 
FAR, 48 CFR 52.227-14 or DFAR, 48 CFR 252.227-7013, as applicable. Manufacturer 
is Flagship, Industries, Inc., P.O. Box 198, Maryville, Illinois 62062.

11. MISCELLANEOUS PROVISIONS.

11.1 Assignment. Neither this Agreement nor any rights hereunder, in whole or in part, 
shall be assignable, licensable or otherwise transferable by you, and any purported 
assignment, sublicense or transfer shall be null and void.  Flagship may freely assign or 
otherwise transfer all or any portion of its rights and obligations under this Agreement.

11.2 Severability. If any term or provision of this Agreement shall be found to be illegal 
or unenforceable, then, notwithstanding, it will be enforced to the maximum extent 
permissible, and the legality and enforceability of the other provisions of this Agreement 
will not be affected.  IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH 
AND EVERY PROVISION OF THIS AGREEMENT WHICH PROVIDES FOR A 
LIMITATION OF LIABILITY OR LIMITED WARRANTY IS INTENDED BY THE 
PARTIES TO BE SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION 
AND TO BE ENFORCED AS SUCH.

11.3 Breach. No consent by either party to, or waiver of, a breach of this Agreement by 
the other party, whether express or implied, shall constitute a consent to, waiver of, or 
excuse for any other different, continuing, or subsequent breach.  Upon a breach of this 
Agreement by you, Flagship shall be entitled to immediately terminate your right to use 
the Software.

11.4 Entire Agreement. This Agreement constitutes the entire agreement between the 
parties concerning the Software and any prior versions of the Software and supersede, 
terminates and replaces all prior agreements, whether written or verbal, between the 
parties.  No amendment shall be considered to have been made to this Agreement 
unless it is expressly agreed to by Flagship in a writing that refers to this Agreement. 

11.5 Governing Law. The parties agree that this Agreement shall be governed and 
construed by the laws of the State of Illinois.  You hereby submit and waive any 
objection to the jurisdiction and venue of the state and federal courts of Illinois.  The 
parties agree that this Agreement shall not be governed by the United Nations 
Convention on Contracts for the International Sale of Goods.

11.6 Liquidated Damages.  You hereby acknowledge that damages for breach of this 
Agreement may be difficult to prove, and you agree that should you breach any 
provision of this Agreement, you will pay Flagship the sum of five thousand dollars 
($5,000.00) for each such breach.