--------------------------------
-- GPL FRIENDLY MEDIA LICENSE --
--------------------------------
PREAMBLE
The GPL Friendly Media License is a software and media license of the company:
MAD4MEDIA
Dipl. Informatiker(FH) Fahrettin Kutyol
Amerikastraße 21
66482 Zweibrücken
Germany.
Hereinafter the license and copyright holder shall be shortened by `Mad4Media`.
Hereinafter this licenses name shall be shortened by `GFML`.
Mad4Media offers a variety of products and services.
The range includes proprietary and free software/ media files.
Free Mad4Media products are commonly offered under the GNU GPL v2.0 license why
the name of this license uses `GPL`. The GFML may also apply to software packages
which are not GPL licensed but use a different free license.
As one of the core competence of Mad4Media is to create high end media elements
such as graphics, cascading style sheets, videos in combination with high end
media scripts such as JavaScript, Actions Script™, Shockwave™ and other various
media files which are combined in browsers; this license offers the free community
to take advantage of such media files which are normally proprietary.
By the GFML Mad4Media allows users to use the media files within GPL based
software packages without restricting the freedom of GNU GPL but likewise protects
the interests of Mad4Media to offer unique service and high quality products
and is used for quality assurance.
DEFINITIONS
Media files: Media file refers to any image, audio, video, data containers, cascading
style sheets, text files and software which can be used on a computer. The definition
of Media file in the meaning of the GFML applies to files which are located standalone
on a server /computer and get compiled in a browser or any other displaying device.
Package License: Media files under GFML are only intended to be part of a software
package. The GFML requires that the parent license must be a free license such as for
GNU GPL, GNU LGPL, BSD, MIT etc.
Viral License: Viral license is a copyright / copyleft license that allows derivate
works only when licensed under the same or compatible license to the original.
Especially GNU GPL allows dynamic linking to GPL licensed software (-parts) if the
linking software / code is compatible to GPL.
COPYRIGHT
The copyright holder of GFML licensed media files is Mad4Media – All rights reserved.
As a copyright holder Mad4Media has the right to determine freely its products.
Mad4Media reserves the right to offer software, parts of software, source code and
media -files in other license types. Mad4Media prohibits the use of GFML licensed
software and media if the using party is violating the law or is used for any fraudulent
or criminal action.
INTERACTION WITH GNU GPL AND OTHER VIRAL LICENSES
Following the definition of media files in the meaning of GFML and as stated by the GPL
version 2.0 the elements of a software package that are not compiled together but are sent
independently of GPL (or other viral license) code, and combined in a client’s browser
( displaying/processing device), do not have to be GPL themselves.
Based on this the GFML is compatible to GPL and commonly to other viral licenses.
SECURING THE GPL (FREE LICENSE) FREEDOMS
GFML does not force that all media files must be part of the software package.
In GPL or other free licensed software packages all GFML media files may be removed
and replaced by own media files under a different license.
TERMS AND CONDITIONS
1. GFML licensed media files may only be used within software packages created and
provided by Mad4Media. Standalone usage or usage of all / partial GFML licensed
parts in software packages which are not created and provided by Mad4Media is not
allowed, except explicitly authorized by Mad4Media.
This only applies to GFML files and source code. Remaining free license parts of
the software package are unaffected and can be used under the terms and condition
of the appropriate free (GPL) license but all including GFML licensed files must
be entirely removed and replaced by own media files.
2. GFML licensed media files may only be used if received directly from Mad4Media
resources or via resources of authorized partners or partner web sites.
If the whole software package or parts of the software package has been received
by resources other than Mad4Media’s and its partner’s (partner’s sites) all including
GFML licensed files must be entirely removed and replaced by own media files.
3. Point 2 does not apply for installations as a service. If the software package has
been installed by a company or a person who has received the software package directly
from Mad4Media resources or partner’s resources GFML licensed media files may be used.
If the company or person passes the whole software package as is, all including GFML
licensed files must be entirely removed and replaced by own media files.
4. Only if the requirements 1 -3 have been met GFML grants following freedoms as long
as not restricted by and compliant to the free package license:
- GFML licensed files may be used for commercial and non-commercial projects.
- GFML licensed files may be used infinitely within the software package.
- The usage is not limited to a predefined amount of installations, domains or
domain names. (Please note that service can be limited to a predefined amount
of installation, domains or domain names)
- GFML licensed files may be studied modified and extended within the software package.
- The software package may be forked if all GFML licensed files are entirely removed
and replaced by own media files.
- The software package including GFML files may be offered, published or re-
published only via Mad4Media’s resources. If offered, published / re-published via
other resources all GFML licensed files must be entirely removed and replaced by
own media files. Mad4Media reserves the right to determine the conditions of
re-publishing and rejecting software packages because of quality assurance.
5. If the software package is an extension of another parent software package,
GFML licensed media files may not be used in distributions (re-distributions) of the
root software and must be replaced by own media files,
except explicitly authorized by Mad4Media.
6. GFML media files can be compressed for performance matters.
7. Parts of GFML media files can be encoded for security matters.
Encoded parts must be left intact.
8. There is no claim for achieving the source code / construction files of
compiled software and media files.
9. When modifying GFML licensed software files, modifications may not dynamically link to
other software with a viral license. This also applies to software with viral license
which links dynamically to GFML licensed software.
LEGALS AND WARRANTY
1. For all modified media files by other companies or person than Mad4Media or Mad4Media’s
staffs there is no warranty. If at least one GFML media file has been modified the
responsibility lies with the modifier.
2. The GFML is accepted by using the software. The only way that GFML not applies is not
using the software package or replacing all GFML licensed files by own media files.
3. By accepting the GFML the using party proves to be clarified about the terms and conditions.
The using party proves to be clarified about that any violation of the GFML can lead to
claims for compensation.
4. As Mad4Media is located in Germany only German jurisdiction applies.
Place of venue is Zweibrücken – Germany.
5. If this license violates the rights of third parties or the rights of other licenses;
Mad4Media must be informed immediately to remedy the violation.
For this you must use the contact opportunities at www.mad4media.de.
Mad4Media will correct the violation in a timely manner.
Claims can’t be invoked as long Mad4Media is not informed of the violation
and hasn't corrected the breach.
6. Should there be a warranty claim against the agreement; Mad4Media is only liable for
negligence or gross negligence. The claiming party must prove that only GFML licensed
files has caused an issue.
FINAL WARRANTY AGREEMENT
As long explicitly no money has been charged for the purchase of GFML licensed software
and media files or money has been charged for a service subscription and not for the
software itself following warranty exclusion applies:
THE SOFTWARE IS ''AS IS'' AND ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL MAD4MEDIA BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
|