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Noel Software License

Noel License Version 1.0

Copyright (c) 2002-2003 Michael McDonald.  All rights reserved.

An up-to-date copy of this License is maintained at 
http://www.kelek.com/noel/license.html

THE ACCOMPANYING SOFTWARE IS PROVIDED UNDER THE TERMS OF THIS LICENSE 
("AGREEMENT"). ANY USE, REPRODUCTION, OR DISTRIBUTION OF THE PROGRAM 
CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. 


1. DEFINITIONS

"License" means this document.

"Copyright Holder" means Michael McDonald.

"Contributor" means the Copyright Holder or any other entity that distributes 
    the Software.

"Recipient" means anyone who receives the Software under this Agreement.

"Original Software" means the original version of the software accompanying 
    this Agreement as released by the Copyright Holder, including source code, 
    object code and documentation, if any.

"Original Code" means the computer software code included in the Original 
    Software.

"Modification" means any addition to or deletion from the substance or 
    structure of the Software performed by a Contributor other than the 
    Copyright Holder.  When Software is distributed as a series of files, a 
    Modification is:
     i) Any addition to or deletion from the contents of a file containing 
        Original Code or previous Modifications.
    ii) Any new file that contains any part of the Original Code or previous 
        Modifications. 

"Software" means the Original Software and any Modifications.

"Reasonable Copying Fee" means a fee that can be justified on the basis of 
    media cost, duplication charges, time of people involved, and so on.

"Commercial Product" means a software product that integrates with or bundles 
    the Software which is sold or licensed for more than $0.


2. USE

The Copyright Holder grants Recipients the following royalty-free, 
non-exclusive rights:

a) Recipients have the right to unrestricted use of the Software in source and 
   binary forms.

b) Recipients may make copies of the Software.

c) Recipients may create Modifications of the Software.


3. DISTRIBUTION RIGHTS

The Copyright Holder grants Contributors the following royalty-free, 
non-exclusive rights, provided the Obligations in section 5 are met:

a) Contributors may distribute Modifications and integrate or bundle the 
   Software with non-commercial products.

b) Contributors may charge a Reasonable Copying Fee for the copying and 
   distribution of Software.


4. DISTRIBUTION LIMITATIONS

a) Contributors may NOT integrate or bundle the Software with a Commercial 
   Product.  If you wish to license Noel for inclusion in a Commercial Product 
   please send e-mail the Copyright Holder at noel@kelek.com.

b) Modifications must include prominent notices describing what changes have 
   been made to the Software.


5. DISTRIBUTION OBLIGATIONS

a) Every copy of the Software, in source or binary form, must include or 
   reproduce the above copyright notice.

b) Every copy of the Software, in source or binary form, must include an 
   unmodified copy of this License in a plain ASCII text file named LICENSE.

c) Every Original Code file must reproduce the Original Code Notice (Exhibit 
   A).

d) You must not alter or remove any copyright notices, trademark notices, or 
   the License in the Software distribution.

e) The Copyright Holder requests but does not require that attribution be 
   given to Software in any manner possible  We suggest including the name and 
   version of the Software, as well as a link to the Copyright Holder's Web 
   site, in a 'generator' HTML meta tag in HTML files output from the Software.


6. LIMITATION OF LIABILITY

THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED 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 THE 
AUTHORS OR COPYRIGHT HOLDERS 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.


7. GENERAL PROVISIONS

a) This License is the sole and entire Agreement between the Copyright Holder 
   and Recipient. This Agreement supersedes all prior understandings, 
   agreements, and documentation relating to such subject matter.

b) If any provision of this Agreement is invalid or unenforceable under 
   applicable law, it shall not affect the validity or enforceability of the 
   remainder of the terms of this Agreement, and without further action by the 
   parties hereto, such provision shall be reformed to the minimum extent 
   necessary to make such provision valid and enforceable.

c) All Recipient's rights under this Agreement shall terminate if it fails to 
   comply with any of the material terms or conditions of this Agreement and 
   does not cure such failure in a reasonable period of time after becoming 
   aware of such non-compliance. If all Recipient's rights under this Agreement 
   terminate, Recipient agrees to cease use and distribution of the Software as 
   soon as reasonably practicable. However, Recipient's obligations under this 
   Agreement and any licenses granted by Recipient relating to the Software 
   shall continue and survive.

d) The Copyright Holder may publish new versions, including revisions, of this 
   Agreement from time to time.  Each new version of the Agreement will be 
   given a distinguishing version number.  The Software, including 
   Modifications, may always be distributed subject to the version of the 
   Agreement under which it was received.  In addition, after a new version of 
   the Agreement is published, Contributor may elect to distribute the 
   Software, including its Modifications, under the new version.

e) No party to thie Agreement will bring a legal action under this Agreement 
   more than one year after the cause of action arose.  Each party waives its 
   rights to a jury trial in any resulting litigation.

e) This license agreement is governed by the laws of the state of California.


EXHIBIT A.  Original Code Notice

Copyright (c) 2002-2003 Michael McDonald.  All rights reserved.

The contents of this file are subject to the Noel License Version 1.0; you 
may not use this file except in compliance with the License.  A copy of the 
Noel License should be distributed as a plain ASCII text file named LICENSE 
along with this file.  You may also obtain a copy of the License at 
http://www.kelek.com/noel/license/

 
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© 2013 Michael McDonald, . All rights reserved.