Developer License Agreement
MARK KÉY-BALCHIN DEVELOPER LICENCE AGREEMENT FOR INSTALLERS
Gibraltar 1.0 Build 06
19 October 2011
"DLA" refers to this Developer Licence Agreement.
"Software" refers to Gibraltar and any programs, software, services or documentation included with Gibraltar.
"Base Software" refers specifically to the unmodified files provided for download by MarkKB, whether in compressed or uncompressed form.
"MarkKB" refers to Mark Kéy-Balchin, the creator of the Software.
"Developer" refers to the developers that use this product to install their product, whether that may be a single user, a family, a legal body, or an organisation. The second-person singular pronoun is also used in this way.
IMPORTANT: PLEASE READ
This DLA is a legal agreement between you, the Developer, and MarkKB in relationship to the Software. This DLA rescinds all previous license agreements for the Software.
By obtaining the Base Software, or by using the Software as an installer for your product, you signify your complete and total acceptance on the terms of this DLA, and agree to be bound by the terms and conditions herein. If you do not agree to the DLA, you may not use the Software to install your product.
Except where local law applies, this DLA is governed by the laws of New Zealand.
1) Grant of License
MarkKB grants you the following rights, provided that you and comply with all the terms and conditions of this DLA:
a) Installation and Use: You may use the Software to install any kind of software on any computer, provided it complies with local and international law.
b) Copying, Sale and Rent: You may distribute the Software as an installer for your program as much as you like in any way you see fit. However, you may not sell or rent the Base Software to other developers to use without explicit written permission of MarkKB.
c) Transfer of Licence: If you wish to transfer the Base Software or hardware containing the Base Software, you must make the recipient fully aware of all of the terms of this DLA, and they must be in full acceptance of the aforementioned terms. However, provided storage and use of the Software on the computer of a end user installing your product using the Software is temporary and for the express purpose of installing your product, you do not have to make them aware of this license since it does not apply to them.
2) Other Rights and Limitations
a) Reverse Engineering, Decompiling or Disassembly: You may not reverse engineer, decompile or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law.
b) Termination: Without prejudice to any other rights, MarkKB may cancel this DLA if you do not abide by the terms and conditions contained herein.
c) Trademarks: This DLA does not grant you any rights in connection with any trademarks related to MarkKB or the Software.
d) Third Party Software and Links to Third Party Sites: You agree that this license does not constitute as endorsement of your product or website, and that you hold all liability for the software or websites that you install with or link through the Software.
3) Intellectual Property Rights
4) Product Support: If you require support for the Software, you may contact MarkKB via email. MarkKB is not required to respond, nor can MarkKB guarantee a response, or that the response is helpful in any way. Unsolicited email does not count as "requiring support".
5) Liability: The Software is provided "as-is" with all faults. To the maximum extent permitted by applicable law, in no way can MarkKB be liable for any damages whatsoever (including, but not limited to, direct or indirect loss of data or financial or personal injury) arising out of the use of this product, even if MarkKB has been advised of such damages. In any case, MarkKB's entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the Software. Because some jurisdictions do not allow the exclusion of liability for consequential or incidental damages, the above limitation may not apply to you.