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eID-toolkit_licensingtermsconditions_English.rtf
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File eID-toolkit_licensingtermsconditions_English.rtf of Package eID-belgium
{\rtf1\ansi\ansicpg1252\deff0\deflang1033\deflangfe1033{\fonttbl{\f0\froman\fprq2\fcharset0 Times New Roman;}} {\colortbl ;\red0\green0\blue0;} \viewkind4\uc1\pard\brdrt\brdrs\brdrw20\brdrcf1\brsp20 \brdrl\brdrs\brdrw20\brdrcf1\brsp80 \brdrb\brdrs\brdrw20\brdrcf1\brsp20 \brdrr\brdrs\brdrw20\brdrcf1\brsp80 \nowidctlpar\li142\ri113\sa60\qj\lang2057\b\f0\fs22 IMPORTANT -- READ CAREFULLY BEFORE USING THIS SOFTWARE: Do not install, download or use the eID Toolkit software until you have read and accepted this Agreement (including its Exhibit). By clicking on the "Accept" button, installing, downloading or otherwise using the eID Toolkit you agree to to be bound by the terms of this Agreement (including its Exhibit). If you do not agree to the terms of this Agreement (and/or its Exhibit), click on the "cancel" button and/or do not install the eID Toolkit software.\par \pard\nowidctlpar\qc\par eID Toolkit Software License\par \par \pard\qj\b0 Whereas this eID Toolkit software is released in a final version;\par \par Whereas this eID Toolkit is being provided by Fedict for no fee and for wide use by any third party under the terms and conditions of this Agreement;\par \pard\nowidctlpar\qj\par Whereas this Agreement refers to an open-source library, being itself based on open-source software, the terms and conditions of which are included in the Exhibit, which need to be complied with by any party using, reproducing, copying, modifying, displaying and distributing the eID Toolkit;\par \par Whereas this Agreement does not take away your freedom to share the eID Toolkit and change it in order to enable its widest possible roll-out to other potential users, provided that such use in relation to the eID Toolkit complies with the terms and conditions set out in this Agreement (including its Exhibit).\par \par \pard\nowidctlpar\qc\b\par \pard\qj\ul Article 1: Grant of license\ulnone\par \par \pard\nowidctlpar\qj\b0 The terms of this License Agreement (\ldblquote License Agreement\rdblquote ) between you, the licensee, and the Belgian Federal Government (\ldblquote Fedict"), the licensor, allow you, subject to the terms and limits set forth in this License Agreement and its Exhibit (collectively "Agreement"), to receive from Fedict a world-wide, royalty-free, non-exclusive, perpetual and transferable right of using, reproducing, copying, modifying, displaying and distributing the software set out in the Exhibit ("eID Toolkit ").\par \par \par \lang1033\ul\b Article 2\ulnone\b0 :\b \lang2057 Warranties of Licensor and Disclaimers\par \par \b0 2.1. Since the eID Toolkit has not specifically been created and tailored to address, and has not been based on, your specific needs, Fedict does not warrant that the eID Toolkit will meet your specific requirements or that the operation of the eID Toolkit will operate in the specific combinations which you may select for use. As no software is error-free, Fedict cannot guarantee that the eID Toolkit will operate without interruption or be error free. \par \par 2.2. Without prejudice to the above paragraph, this eID Toolkit is provided by Fedict "AS IS" and any expressed or implied warranties other than those laid down in provision 2.1, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. \par \par 2.3 This Agreement does not entitle you to receive any maintenance, support (be it telephone, fax or email) or any other assistance with respect to the eID Toolkit or with respect to any alteration made on the eID Toolkit in any form whatsoever, including, but not limited to additions, upgrades, improvements to the substance and structure of the software ("Modifications").\b\par \par \lang1033\ul Article 3:\ulnone Licensee obligations\par \par \b0 3.1. \lang2057 Any use, including, but not limited to, reproduction, copy, modification, display and distribution, is subject to compliance with the terms of this Agreement. \lang1033 You warrant that you will comply with the terms of this Agreement including the licenses governing \lang2057 the libraries or codes developed (and protected by intellectual property rights as the case may be) by third parties, which have been used wholly or in part for the development of the eID Toolkit, being embedded in the eID application, linked to, being integrated into or compiled with other libraries and codes to form the eID Toolkit ("\lang1033 Third-Party Work")\lang2057 .\par \par \lang1033 3.2. \lang2057 You may not copy, modify, sublicense, or distribute the eID Toolkit otherwise than as expressly provided under this Agreement. Any attempt otherwise to copy, modify, sublicense or distribute the eID Toolkit is void, and will automatically terminate your rights under this Agreement.\par \par 3.3. Redistributions in source and binary forms, with our without modification, must reproduce this Agreement including the licenses governing the libraries or codes developed by third parties, which have been used wholly or in part for the development of the eID Toolkit.\par \lang1033\par 3.4. The name of Fedict may not be used to endorse or promote products derived from this \lang2057 eID Toolkit\lang1033 without specific prior written permission.\par \lang2057\par 3.5. Third parties who have received copies, or rights, from you under this Agreement will not have their licenses terminated if you infringe the terms of this Agreement, so long as such parties remain in full compliance with these terms. \par \lang1033\par \lang2057\ul\b Article 4\ulnone : Liability\par \b0\par 4.1. Under this Agreement, Fedict shall under no circumstances, except for fraud or wilful misconduct, be liable for any indirect, special, incidental or consequential damages, or for any loss of profits, loss of data, loss of savings or business opportunity, trading losses, staff costs or costs of staff turnover, computer failure or malfunction, IT system break-down, business interruption or other technical or operational damage of any dimension whatever, or other indirect, consequential or punitive damages arising from or in connection with the use of the eID Toolkit or of any modified or derivative work, or for any other commercial damages or losses arising from the use of it. \par \ul\b\par \pard\qj\ulnone\b0 4.2. \lang1033 Fedict shall not be liable to indemnify you for any claims of intellectual property right infringement, including contributory infringement or inducement to infringe, of any intellectual property claimed in the eID Toolkit by the authors of the Third-Party Works as identified in the special notices in the Exhibit. You agree to indemnify, defend and hold harmless Fedict against any and all claims, demands, penalties, proceedings, losses, liabilities, damages of whatsoever nature, costs, fees and expenses of any kind relating to in any way directly or indirectly out of Modifications and/or the use of the eID Toolkit alone or in combination with other devices, products, software, services and/or materials, provided that Fedict notifies you in writing of the claim and allows you to control and reasonably cooperates with you in the defense of the claim and any related settlement negotiations. \par \pard\par \pard\qj 4.3. Fedict shall not be responsible for (i) the consequences of modifying the eID Toolkit, integrating the eID Toolkit in proprietary products, or using the eID Toolkit in combination with other devices, products, software, services and/or materials or (ii) determining whether you require a license to or additonal rights from any of the Third Party Works, obtaining any such license on its behalf, or paying any fees relating to any such licenses, to the extent that such Third Party Works are claimed to be open source products.\par \pard\nowidctlpar\qj\lang2057\par \ul\b Article 5\ulnone : Termination\par \ul\par \ulnone\b0 5.1 The Agreement and all licenses granted by the Licensor hereunder shall automatically terminate by law if you breach this Agreement. \par \par 5.2 Upon termination of the Agreement, you shall cease all use of the eID Toolkit and shall destroy all copies of the eID Toolkit within your possession or control.\ul\b\par \par Article 6:\ulnone General\par \ul\par \ulnone\b0 6.1 If any term or provision of this Agreement is determined to be illegal or unenforceable, such term or provision shall be deemed stricken, and all other terms and provisions shall remain in full force and effect. Each such provision shall be modified by the parties to the extent necessary to make it valid, legal and enforceable whilst preserving the intent of and balance between the parties. \ul\b\par \ulnone\b0\par 6.2 This Agreement constitutes the entire understanding and agreement with respect to the eID Toolkit and supersedes all prior oral and written communications.\par \par 6.3 This Agreement shall be governed by the laws of Belgium. Any dispute that cannot be settled amicably shall be subject to the courts of Brussels. \ul\b\par \pard\nowidctlpar\qc\page Exhibit\par \pard\nowidctlpar\par \pard\nowidctlpar\qc\ulnone Belgian eID Toolkit Specifications\par \pard\nowidctlpar\par \par \b0\par This software package contains components from the following Open Source projects:\par - OpenSC (see http://www.opensc.org)\par license: GNU LESSER GENERAL PUBLIC LICENSE)\par - OpenSSL (see http://www.openssl.org)\par license: OpenSSL en SSLeay)\par \par The original license texts are available below.\par \par -----------------------------------------------------------------------\par \par \tab\tab GNU LESSER GENERAL PUBLIC LICENSE\par \tab\tab Version 2.1, February 1999\par \par Copyright (C) 1991, 1999 Free Software Foundation, Inc.\par 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA\par Everyone is permitted to copy and distribute verbatim copies\par of this license document, but changing it is not allowed.\par \par [This is the first released version of the Lesser GPL. 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For software which is\par copyrighted by the Free Software Foundation, write to the Free\par Software Foundation; we sometimes make exceptions for this. Our\par decision will be guided by the two goals of preserving the free status\par of all derivatives of our free software and of promoting the sharing\par and reuse of software generally.\par \par \tab\tab\tab NO WARRANTY\par \par 15. BECAUSE THE LIBRARY IS LICENSED FREE OF CHARGE, THERE IS NO\par WARRANTY FOR THE LIBRARY, TO THE EXTENT PERMITTED BY APPLICABLE LAW.\par EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR\par OTHER PARTIES PROVIDE THE LIBRARY "AS IS" WITHOUT WARRANTY OF ANY\par KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE\par IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR\par PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE\par LIBRARY IS WITH YOU. 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IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN\par WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY\par AND/OR REDISTRIBUTE THE LIBRARY AS PERMITTED ABOVE, BE LIABLE TO YOU\par FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR\par CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE\par LIBRARY (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING\par RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A\par FAILURE OF THE LIBRARY TO OPERATE WITH ANY OTHER SOFTWARE), EVEN IF\par SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH\par DAMAGES.\par \par \tab\tab END OF TERMS AND CONDITIONS\par \page\par \par ------------------------------------------------------------------------\par \par \par \par LICENSE ISSUES\par ==============\par \par The OpenSSL toolkit stays under a dual license, i.e. both the conditions of the OpenSSL License and the original SSLeay license apply to the toolkit.\par See below for the actual license texts. Actually both licenses are BSD-style Open Source licenses. In case of any license issues related to OpenSSL please contact openssl-core@openssl.org.\par \par OpenSSL License\par ---------------\par \par /* ====================================================================\par * Copyright (c) 1998-2002 The OpenSSL Project. All rights reserved.\par *\par * Redistribution and use in source and binary forms, with or without\par * modification, are permitted provided that the following conditions\par * are met:\par *\par * 1. Redistributions of source code must retain the above copyright\par * notice, this list of conditions and the following disclaimer. \par *\par * 2. Redistributions in binary form must reproduce the above copyright\par * notice, this list of conditions and the following disclaimer in\par * the documentation and/or other materials provided with the\par * distribution.\par *\par * 3. All advertising materials mentioning features or use of this\par * software must display the following acknowledgment:\par * "This product includes software developed by the OpenSSL Project\par * for use in the OpenSSL Toolkit. (http://www.openssl.org/)"\par *\par * 4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to\par * endorse or promote products derived from this software without\par * prior written permission. For written permission, please contact\par * openssl-core@openssl.org.\par *\par * 5. Products derived from this software may not be called "OpenSSL"\par * nor may "OpenSSL" appear in their names without prior written\par * permission of the OpenSSL Project.\par *\par * 6. Redistributions of any form whatsoever must retain the following\par * acknowledgment:\par * "This product includes software developed by the OpenSSL Project\par * for use in the OpenSSL Toolkit (http://www.openssl.org/)"\par *\par * THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY\par * EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE\par * IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR\par * PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR\par * ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,\par * SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT\par * NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;\par * LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)\par * HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,\par * STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)\par * ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED\par * OF THE POSSIBILITY OF SUCH DAMAGE.\par * ====================================================================\par *\par * This product includes cryptographic software written by Eric Young\par * (eay@cryptsoft.com). This product includes software written by Tim\par * Hudson (tjh@cryptsoft.com).\par *\par */\par \par Original SSLeay License\par -----------------------\par \par /* Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com)\par * All rights reserved.\par *\par * This package is an SSL implementation written\par * by Eric Young (eay@cryptsoft.com).\par * The implementation was written so as to conform with Netscapes SSL.\par * \par * This library is free for commercial and non-commercial use as long as\par * the following conditions are aheared to. The following conditions\par * apply to all code found in this distribution, be it the RC4, RSA,\par * lhash, DES, etc., code; not just the SSL code. The SSL documentation\par * included with this distribution is covered by the same copyright terms\par * except that the holder is Tim Hudson (tjh@cryptsoft.com).\par * \par * Copyright remains Eric Young's, and as such any Copyright notices in\par * the code are not to be removed.\par * If this package is used in a product, Eric Young should be given attribution\par * as the author of the parts of the library used.\par * This can be in the form of a textual message at program startup or\par * in documentation (online or textual) provided with the package.\par * \par * Redistribution and use in source and binary forms, with or without\par * modification, are permitted provided that the following conditions\par * are met:\par * 1. Redistributions of source code must retain the copyright\par * notice, this list of conditions and the following disclaimer.\par * 2. Redistributions in binary form must reproduce the above copyright\par * notice, this list of conditions and the following disclaimer in the\par * documentation and/or other materials provided with the distribution.\par * 3. All advertising materials mentioning features or use of this software\par * must display the following acknowledgement:\par * "This product includes cryptographic software written by\par * Eric Young (eay@cryptsoft.com)"\par * The word 'cryptographic' can be left out if the rouines from the library\par * being used are not cryptographic related :-).\par * 4. If you include any Windows specific code (or a derivative thereof) from \par * the apps directory (application code) you must include an acknowledgement:\par * "This product includes software written by Tim Hudson (tjh@cryptsoft.com)"\par * \par * THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``AS IS'' AND\par * ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE\par * IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE\par * ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE\par * FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL\par * DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS\par * OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)\par * HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT\par * LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY\par * OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF\par * SUCH DAMAGE.\par * \par * The licence and distribution terms for any publically available version or\par * derivative of this code cannot be changed. i.e. this code cannot simply be\par * copied and put under another distribution licence\par * [including the GNU Public Licence.]\par */\par \par -------------------------------------------------------------------\par \par }
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