Mytopia

Mytopia (“Mytopia”) is a mobile gaming and social network that allows our users to download quality, fun mobile games and other mobile applications and content, and ability to connect, compete and interact with other users in a compelling social environment.
Mytopia offers free membership, which includes access to all the social functions (buddy list, mail, access to online game lobbies), and free limited-time access (that can vary from time to time and in accordance with different promotions) to all games. Premium members are offered free access to all games, from all platforms, as well as access to other premium services. You can earn premium status by playing a lot, winning a lot, agreeing to opt-in to receive advertisements from our partners, by paying a small monthly fee or creating and verifying a registered Mytopia account with valid email address. Mytopia publishes from time to time the criteria by which members can earn premium status. Such criteria can change without notice and are at the exclusive and final decision of Mytopia.
To download and use Mytopia content, you will need an Internet / data connection on your phone or mobile device. Similarly if you want to download something to your computer from the Internet you will need an Internet connection service. Different phone companies have different data plans for mobile Internet connections, including several companies offering unlimited mobile Internet connections for a monthly fee or in accordance with other promotions. We recommend that you sign up for a data plan with your phone company.
When you download our content (including games), you use some airtime (or data), and your phone company may charge you for this data usage, depending on your plan.
As the games are multiplayer by nature, and use our central game server which runs and controls the games, they periodically connect to these servers, and this will use some airtime as well.

END USER LICENSE AGREEMENT FOR MYTOPIA APPLICATIONS

Welcome to the Mytopia Network ("Mytopia"), a mobile device application, web site, and any other end-user services owned or controlled by Mytopia. Mytopia offers customers, users and others who use Mytopia (collectively, the "Users") to download Mytopia’s and/or third-party game software applications (the "Mytopia Applications") to their mobile devices and computers.
This End User License Agreement for the Mytopia Applications ("EULA") is a legal agreement between you, either an individual or a single entity ("You"), and Mytopia regarding your use of the Mytopia Applications offered by Mytopia, and any related online or electronic documentation ("Documentation") (the Mytopia Applications and the Documentation collectively referred to herein as the "Mytopia Applications.").
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE DOWNLOADING ANY MYTOPIA APPLICATIONS. BY INSTALLING, COPYING OR OTHERWISE USING THE MYTOPIA APPLICATIONS AND/OR BY CLICKING THE "I ACCEPT" BUTTON (OR LINK) FROM YOUR MOBILE PHONE OR ON THE MYTOPIA WEB SITE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA.
By choosing to input your mobile phone number below and to download any mobile game from Mytopia, you expressly agree and consent to receive SMS communications from Mytopia.
IMPORTANT NOTICES: Normal carrier charges (WAP, GPRS and SMS) and taxes may apply to text messages sent to you by Mytopia, and to data transfers incurred when you download and/or play Mytopia games on your mobile device.
IF, AT ANYTIME, YOU DO NOT AGREE TO THE TERMS OF THIS EULA, THEN PLEASE DO NOT DOWNLOAD ANY MYTOPIA APPLICATIONS AND/OR PLEASE TERMINATE THIS AGREEMENT IMMEDIATELY BY REMOVING ALL MYTOPIA APPLICATIONS FROM YOUR MOBILE DEVICE AND COMPUTER.
The services hereunder are offered by Mytopia Incorporated located at: 621 Stockton Street, Suite # 306, San Francisco, CA 94108 email: membership@Mytopia.com.

1. LICENSE GRANT; TERMINATION; CONSENTS; RESTRICTIONS.

(a) License Grant. Mytopia hereby grants to you a personal, limited, non-exclusive, non-transferable, revocable license to use a single copy of the object code version of the Mytopia Application on a single mobile device primarily used by you.

(b) Termination. This EULA is effective until terminated. You may terminate this Agreement at any time by uninstalling all Mytopia Applications and destroying all copies of the Mytopia Applications in your possession. Upon any termination, you agree to immediately uninstall the Mytopia Applications and destroy all copies of all Mytopia Applications, any accompanying documentation, and all other associated materials. Mytopia reserves the right to terminate this EULA at any time if you are in breach of any of the terms of this EULA or the Terms of Use posted on the Mytopia website.

(c) Updates. You acknowledge that Mytopia may automatically, electronically, from time to time, issue upgraded versions of certain Mytopia Applications and, accordingly, may upgrade the version of the Mytopia Applications that you are using on your mobile device. You consent to such automatic delivery of upgrading on your mobile device, and agree that the terms and conditions of this EULA (as amended from time to time by notices posted on the Mytopia website) will apply to all such upgraded applications.

(d) License Restrictions. By downloading any Mytopia Applications you agree not to:

(i) modify, disassemble, decompile or reverse engineer the Mytopia Applications, except to the extent that such restriction is expressly prohibited by law;

(ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mytopia Applications to any third party or use the Mytopia Applications to provide time sharing or similar services for any third party;

(iii) make any copies of the Mytopia Applications;

(iv) use the Mytopia Applications or Mytopia to infringe the copyrights or other intellectual property rights of others in any way;

(v) use the Mytopia Applications or Mytopia, or attempt to penetrate, modify or manipulate the Mytopia Applications or Mytopia or any of the hardware or software thereof, in order to invade the privacy of, obtain the identity of, or obtain any personal information about (including but not limited to IP addresses of) any Mytopia account holder or user, or to modify, erase or damage any information contained on the computer of any user connected to Mytopia;

(vi) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mytopia Applications, features that prevent or restrict use or copying of any content accessible through the Mytopia Applications, or features that enforce limitations on use of the Mytopia Applications; or

(vii) delete the copyright and other proprietary rights notices on the Mytopia Applications.

2. OWNERSHIP OF MYTOPIA APPLICATIONS

The Mytopia Applications are the copyrighted proprietary material of Mytopia and/or its third-party licensors. Your license under this EULA is not a sale of the Mytopia Applications or any copy thereof and Mytopia or its third-party licensors retain all right, title, and interest in the Mytopia Applications (and any copies thereof). Mytopia and its third-party licensors reserve all rights not expressly granted under this EULA.

3. USE OF MYTOPIA APPLICATIONS

Mytopia enables end users to access and use Mytopia Applications. You agree that your use of Mytopia will be governed by the terms and conditions of the Mytopia Terms of Use and Privacy Policy posted on the Mytopia website at www.Mytopia.com (as amended from time to time by notices posted on Mytopia's website). You also agree to comply with all other notices, terms and conditions posted on the Mytopia website.Mytopia respects the prerogatives of copyright owners to control commercial uses of their material, and expects our users to do the same. You are responsible for complying with all federal and state laws applicable to the content available through the Mytopia Applications and/or Mytopia, including copyright laws. As a condition to the license to use the Mytopia Applications and to your use of Mytopia, you agree that you will not use the Mytopia Applications or Mytopia to infringe the copyrights or other intellectual property rights of others in any way. You agree that any such infringement constitutes a material breach of this EULA and would cause irreparable harm to Mytopia and entitle Mytopia to receive equitable relief. You agree that you will indemnify and defend Mytopia against all liabilities, damages, claims, fines and expenses (including reasonable attorney's fees) arising out of any claim that you have infringed the copyrights or intellectual property rights of others.

4. MYTOPIA MOBILE SPACE.

(a) Mytopia Does Not Screen Mytopia Mobile Space Content. Mytopia does not pre-screen content posted on the Mytopia Mobile Space (“Mobile Space”), either online or mobile. Mytopia may remove content pursuant to the procedures described in this EULA. Mytopia does not and has not screened any content in Mobile Space.

(b) Prohibited Conduct in Mobile Space.

(i) You agree that you will not use Mobile Space to upload, email, transmit or post links to any content, that:- you do not have the legal rights to- violates or misappropriates any intellectual property rights, including copyright, trademark, trade secret, and patent rights- is illegal under applicable law or regulation or promotes illegal activity

(ii) You agree not to use Mobile Space in a manner which is abusive or harassing to any other user.

(iii) You agree not to collect or store personally identifying information about other users for commercial or unlawful purposes.
(iv) You agree not to impersonate any person or entity, including, but not limited to, a Mytopia official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity. You agree not to employ misleading email addresses or mobile numbers or falsify information.

(v) You agree not to engage in any activity which may compromise the stability or availability of the Mytopia Application, Mobile Space and/or Mytopia.

(vi) You agree not to use the Mytopia Application, Mobile Space and/or Mytopia offering for any unsolicited advertising or promotions.

5. DISCLAIMERS; NO WARRANTIES.

MYTOPIA, THE MYTOPIA APPLICATIONS, AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH MYTOPIA OR THE MYTOPIA APPLICATIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MYTOPIA, ITS SUPPLIERS, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.MYTOPIA, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY MYTOPIA APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MYTOPIA APPLICATIONS OR MYTOPIA OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.MYTOPIA, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MYTOPIA APPLICATIONS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MYTOPIA NOR ITS SUPPLIERS, LICENSORS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE MYTOPIA APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

6. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL MYTOPIA OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MYTOPIA APPLICATIONS, THE MATERIALS ON MYTOPIA, OR ANY OTHER INTERACTIONS WITH MYTOPIA, EVEN IF MYTOPIA OR A MYTOPIA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, MYTOPIA'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.IN NO EVENT WILL MYTOPIA’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS EULA OR YOUR USE OF THE MYTOPIA APPLICATIONS OR MYTOPIA, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER MYTOPIA MEMBERS, (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE MYTOPIA APPLICATIONS OR MYTOPIA DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN MYTOPIA AND RECEIVED THROUGH OR ADVERTISED ON MYTOPIA OR RECEIVED THROUGH ANY LINKS PROVIDED ON MYTOPIA.

7. BASIS OF THE BARGAIN

The warranty disclaimer, exclusive remedies and limitations on damages set forth above are fundamental elements of the basis of the agreement between you and Mytopia. Mytopia would not be able to provide the Mytopia Applications or Mytopia to you on an economically reasonable basis without these limitations. The above warranty disclaimer, exclusive remedies, and limitations on damages inure to the benefit of Mytopia licensors.

8. INDEMNIFICATION

You agree to indemnify, save, and hold Mytopia, its affiliated companies and its suppliers, licensors and partners harmless from any claims, losses, damages, liabilities, including attorneys' fees, arising out of your use or misuse of the Mytopia Applications, Mytopia, violation of this EULA, violation of the rights of any other person or entity, or any breach of the representations, warranties, and covenants made by you herein. Mytopia reserves the right, at its expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Mytopia, and you agree to cooperate with Mytopia's defense of these claims.

9. GOVERNMENT END USERS

If the Mytopia Applications are being acquired on behalf of the United States Government, the following applies. Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in this EULA and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.

10. EXPORT CONTROL

Mytopia and the Mytopia Applications originate in the United States, and are subject to United States export laws and regulations. The Mytopia Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mytopia Applications may be subject to the import and export laws of other countries. You represent that you are entitled to favorable treatment under United States export laws and that you will not transfer or use the Mytopia Applications in violation of United States or foreign laws. You agree to comply with all United States and foreign laws related to use of the Mytopia Applications and Mytopia.

11. MISCELLANEOUS.

(a) Notice. Except as explicitly stated otherwise, legal notices will be served on Mytopia's national registered agent or to the email address you provide to Mytopia during the registration process. Notice will be deemed given twenty-four hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through Mytopia. In such case, notice will be deemed given three days after the date of mailing.

(b) Waiver. The failure of Mytopia to exercise or enforce any right or provision of this EULA will not constitute a waiver of such right or provision. Any waiver of any provision of this EULA will be effective only if in writing and signed by Mytopia.

(c) Governing Law. This EULA will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law.

(d) Jurisdiction. You agree that any action at law or in equity arising out of or relating to this EULA or Mytopia will be filed only in the state or federal courts in and for Delaware, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.

(e) Severability. If any provision of this EULA shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this EULA and will not affect the validity and enforceability of any remaining provisions.

(f) Assignment. This EULA, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mytopia without restriction.

(g) Headings. The heading references herein are for convenience purposes only, do not constitute a part of this EULA, and will not be deemed to limit or affect any of the provisions hereof.

(h) Entire Agreement. This is the entire agreement between you and Mytopia relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to this EULA by Mytopia.

(i) Claims. YOU AND MYTOPIA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MYTOPIA APPLICATIONS OR MYTOPIA MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

(j) Disclosures. The services hereunder are offered by Mytopia, Incorporated located at: 621 Stockton Street Suite # 306, San Francisco CA 94108 and email: membership@Mytopia.com.

3rd Party Libraries Agreement

Some Mytopia games may utilize open source libraries, for which terms of service are below.

GNU LESSER GENERAL PUBLIC LICENSE

Version 2.1, February 1999

Copyright (C) 1991, 1999 Free Software Foundation, Inc.
51 Franklin St, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

[This is the first released version of the Lesser GPL. It also counts as the successor of the GNU Library Public License, version 2, hence the version number 2.1.]

Preamble

The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public Licenses are intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users.

This license, the Lesser General Public License, applies to some specially designated software packages--typically libraries--of the Free Software Foundation and other authors who decide to use it. You can use it too, but we suggest you first think carefully about whether this license or the ordinary General Public License is the better strategy to use in any particular case, based on the explanations below.

When we speak of free software, we are referring to freedom of use, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish); that you receive source code or can get it if you want it; that you can change the software and use pieces of it in new free programs; and that you are informed that you can do these things.

To protect your rights, we need to make restrictions that forbid distributors to deny you these rights or to ask you to surrender these rights. These restrictions translate to certain responsibilities for you if you distribute copies of the library or if you modify it.

For example, if you distribute copies of the library, whether gratis or for a fee, you must give the recipients all the rights that we gaveyou. You must make sure that they, too, receive or can get the source code. If you link other code with the library, you must provide complete object files to the recipients, so that they can relink them with the library after making changes to the library and recompiling it. And you must show them these terms so they know their rights.

We protect your rights with a two-step method: (1) we copyright the library, and (2) we offer you this license, which gives you legal permission to copy, distribute and/or modify the library.

To protect each distributor, we want to make it very clear that there is no warranty for the free library. Also, if the library is modified by someone else and passed on, the recipients should know that what they have is not the original version, so that the original author's reputation will not be affected by problems that might be introduced by others.

Finally, software patents pose a constant threat to the existence of any free program. We wish to make sure that a company cannot effectively restrict the users of a free program by obtaining a restrictive license from a patent holder. Therefore, we insist that any patent license obtained for a version of the library must be consistent with the full freedom of use specified in this license.

Most GNU software, including some libraries, is covered by the ordinary GNU General Public License. This license, the GNU Lesser General Public License, applies to certain designated libraries, and is quite different from the ordinary General Public License. We use this license for certain libraries in order to permit linking thosel ibraries into non-free programs.

Most GNU software, including some libraries, is covered by the ordinary GNU General Public License. This license, the GNU Lesser General Public License, applies to certain designated libraries, and is quite different from the ordinary General Public License. We use this license for certain libraries in order to permit linking those libraries into non-free programs.

When a program is linked with a library, whether statically or using a shared library, the combination of the two is legally speaking a combined work, a derivative of the original library. The ordinary General Public License therefore permits such linking only if the entire combination fits its criteria of freedom. The Lesser General Public License permits more lax criteria for linking other code with the library.

We call this license the "Lesser" General Public License because it does Less to protect the user's freedom than the ordinary General Public License. It also provides other free software developers Less of an advantage over competing non-free programs. These disadvantages are the reason we use the ordinary General Public License for many libraries. However, the Lesser license provides advantages in certain special circumstances.

For example, on rare occasions, there may be a special need to encourage the widest possible use of a certain library, so that it becomes a de-facto standard. To achieve this, non-free programs must be allowed to use the library. A more frequent case is that a free library does the same job as widely used non-free libraries. In this case, there is little to gain by limiting the free library to free software only, so we use the Lesser General Public License.

In other cases, permission to use a particular library in non-free programs enables a greater number of people to use a large body offree software. For example, permission to use the GNU C Library innon-free programs enables many more people to use the whole GNU operating system, as well as its variant, the GNU/Linux operating system.

Although the Lesser General Public License is Less protective of the users' freedom, it does ensure that the user of a program that is linked with the Library has the freedom and the wherewithal to run that program using a modified version of the Library.

The precise terms and conditions for copying, distribution and modification follow. Pay close attention to the difference between a "work based on the library" and a "work that uses the library". The former contains code derived from the library, whereas the latter must be combined with the library in order to run.

GNU LESSER GENERAL PUBLIC LICENSE

TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

0. This License Agreement applies to any software library or other program which contains a notice placed by the copyright holder or other authorized party saying it may be distributed under the terms of this Lesser General Public License (also called "this License").Each licensee is addressed as "you".

A "library" means a collection of software functions and/or data prepared so as to be conveniently linked with application programs(which use some of those functions and data) to form executables.

The "Library", below, refers to any such software library or work which has been distributed under these terms. A "work based on the Library" means either the Library or any derivative work under copyright law: that is to say, a work containing the Library or apportion of it, either verbatim or with modifications and/or translated straightforwardly into another language. (Hereinafter, translation is included without limitation in the term "modification".)

"Source code" for a work means the preferred form of the work for making modifications to it. For a library, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the library.

Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running a program using the Library is not restricted, and output from such a program is covered only if its contents constitute a work based on the Library (independent of the use of the Library in a tool for writing it). Whether that is true depends on what the Library does and what the program that uses the Library does.

1. You may copy and distribute verbatim copies of the Library's complete source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy inappropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and distribute a copy of this License along with the Library.

You may charge a fee for the physical act of transferring a copy,and you may at your option offer warranty protection in exchange for a fee.

2. You may modify your copy or copies of the Library or any portion of it, thus forming a work based on the Library, and copy and distribute such modifications or work under the terms of Section 1above, provided that you also meet all of these conditions:

a) The modified work must itself be a software library.

b) You must cause the files modified to carry prominent notices stating that you changed the files and the date of any change.

c) You must cause the whole of the work to be licensed at no charge to all third parties under the terms of this License.

d) If a facility in the modified Library refers to a function or a table of data to be supplied by an application program that uses the facility, other than as an argument passed when the facility is invoked, then you must make a good faith effort to ensure that, in the event an application does not supply such function or table, the facility still operates, and performs whatever part of its purpose remains meaningful.

(For example, a function in a library to compute square roots has a purpose that is entirely well-defined independent of the application. Therefore, Subsection 2d requires that any application-supplied function or table used by this function must be optional: if the application does not supply it, the square root function must still compute square roots.)

These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Library, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Library, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.

Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Library.

In addition, mere aggregation of another work not based on the Library with the Library (or with a work based on the Library) on a volume oaf storage or distribution medium does not bring the other work under the scope of this License.

3. You may opt to apply the terms of the ordinary GNU General Public License instead of this License to a given copy of the Library. To do this, you must alter all the notices that refer to this License, so that they refer to the ordinary GNU General Public License, version 2,instead of to this License. (If a newer version than version 2 of the ordinary GNU General Public License has appeared, then you can specify that version instead if you wish.) Do not make any other change in these notices.

Once this change is made in a given copy, it is irreversible for that copy, so the ordinary GNU General Public License applies to all subsequent copies and derivative works made from that copy.

This option is useful when you wish to copy part of the code of the Library into a program that is not a library.

4. You may copy and distribute the Library (or a portion or derivative of it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on medium customarily used for software interchange.

5. A program that contains no derivative of any portion of the Library, but is designed to work with the Library by being compiled or linked with it, is called a "work that uses the Library". Such a work, in isolation, is not a derivative work of the Library, and therefore falls outside the scope of this License.

However, linking a "work that uses the Library" with the Library creates an executable that is a derivative of the Library (because it contains portions of the Library), rather than a "work that uses the library". The executable is therefore covered by this License. Section 6 states terms for distribution of such executables.

When a "work that uses the Library" uses material from a header file that is part of the Library, the object code for the work may be a derivative work of the Library even though the source code is not. Whether this is true is especially significant if the work can be linked without the Library, or if the work is itself a library. The threshold for this to be true is not precisely defined by law.

If such an object file uses only numerical parameters, data structure layouts and accessors, and small macros and small inline functions (ten lines or less in length), then the use of the object file is unrestricted, regardless of whether it is legally a derivative work. (Executables containing this object code plus portions of the Library will still fall under Section 6.)

Otherwise, if the work is a derivative of the Library, you may distribute the object code for the work under the terms of Section 6.Any executables containing that work also fall under Section 6,whether or not they are linked directly with the Library itself.

6. As an exception to the Sections above, you may also combine or link a "work that uses the Library" with the Library to produce a work containing portions of the Library, and distribute that work under terms of your choice, provided that the terms permit modification of the work for the customer's own use and reverse engineering for debugging such modifications.

You must give prominent notice with each copy of the work that the Library is used in it and that the Library and its use are covered by this License. You must supply a copy of this License. If the work during execution displays copyright notices, you must include the copyright notice for the Library among them, as well as a reference directing the user to the copy of this License. Also, you must do one of these things:

a) Accompany the work with the complete corresponding machine-readable source code for the Library including whatever changes were used in the work (which must be distributed under Sections 1 and 2 above); and, if the work is an executable linked with the Library, with the complete machine-readable "work that uses the Library", as object code and/or source code, so that the user can modify the Library and then relink to produce a modified executable containing the modified Library. (It is understood that the user who changes the contents of definitions files in the Library will not necessarily be able to recompile the application to use the modified definitions.)

b) Use a suitable shared library mechanism for linking with the Library. A suitable mechanism is one that (1) uses at run time a copy of the library already present on the user's computer system, rather than copying library functions into the executable, and (2) will operate properly with a modified version of the library, if the user installs one, as long as the modified version is interface-compatible with the version that the work was made with.

c) Accompany the work with a written offer, valid for at least three years, to give the same user the materials specified in Subsection 6a, above, for a charge no more than the cost of performing this distribution.

d) If distribution of the work is made by offering access to copy from a designated place, offer equivalent access to copy the above specified materials from the same place.

e) Verify that the user has already received a copy of these materials or that you have already sent this user a copy.

For an executable, the required form of the "work that uses the Library" must include any data and utility programs needed for reproducing the executable from it. However, as a special exception, the materials to be distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.

It may happen that this requirement contradicts the license restrictions of other proprietary libraries that do not normally accompany the operating system. Such a contradiction means you cannot use both them and the Library together in an executable that you distribute.

7. You may place library facilities that are a work based on the Library side-by-side in a single library together with other library facilities not covered by this License, and distribute such a combined library, provided that the separate distribution of the work based on the Library and of the other library facilities is otherwise permitted, and provided that you do these two things:

a) Accompany the combined library with a copy of the same work based on the Library, uncombined with any other library facilities. This must be distributed under the terms of the Sections above.

b) Give prominent notice with the combined library of the fact that part of it is a work based on the Library, and explaining where to find the accompanying uncombined form of the same work.

8. You may not copy, modify, sublicense, link with, or distribute the Library except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense, link with, or distribute the Library is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.

9. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Library or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Library (or any work based on the Library), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Library or works based on it.

10. Each time you redistribute the Library (or any work based on the Library), the recipient automatically receives a license from the original licensor to copy, distribute, link with or modify the Library subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties with this License.

11. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues),conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Library at all. For example, if a patent license would not permit royalty-free redistribution of the Library by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Library.

If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply, and the section as a whole is intended to apply in other circumstances.

It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.

This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.

12. If the distribution and/or use of the Library is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Library under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.

13. The Free Software Foundation may publish revised and/or new versions of the Lesser General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

Each version is given a distinguishing version number. If the Library specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Library does not specify a license version number, you may choose any version ever published by the Free Software Foundation.

14. If you wish to incorporate parts of the Library into other free programs whose distribution conditions are incompatible with these, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.

NO WARRANTY

15. BECAUSE THE LIBRARY IS LICENSED FREE OF CHARGE, THERE IS NOWARRANTY FOR THE LIBRARY, TO THE EXTENT PERMITTED BY APPLICABLE LAW.EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OROTHER PARTIES PROVIDE THE LIBRARY "AS IS" WITHOUT WARRANTY OF ANYKIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THEIMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULARPURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THELIBRARY IS WITH YOU. SHOULD THE LIBRARY PROVE DEFECTIVE, YOU ASSUMETHE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

16. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO INWRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFYAND/OR REDISTRIBUTE THE LIBRARY AS PERMITTED ABOVE, BE LIABLE TO YOUFOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL ORCONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THELIBRARY (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEINGRENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR AFAILURE OF THE LIBRARY TO OPERATE WITH ANY OTHER SOFTWARE), EVEN IFSUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES.

END OF TERMS AND CONDITIONS