You should carefully read the following terms and conditions before agreeing to this Software License Agreement. To the extent permitted by law, utilizing, copying, modifying, or distributing this program or its source code indicates your full acceptance of these terms and conditions. You acknowledge that you have read this Software License Agreement, understand it, and agree to be bound by its terms and conditions.LIVING STONES SOFTWARE LICENSE AGREEMENT
RUSSELL MCGUIRE, doing business as LIVING STONES MINISTRY ("LIVING STONES") provides this program and its source code for the purpose of glorifying God by making the power of modern communications technologies available to churches and ministries who adhere to and promote Godís Word, The Holy Bible. The terms and conditions of this License for using, copying, modifying, and distributing are as follows:
1. Definitions. In this agreement, the terms:
(a) "Source Code" means a human readable form of computer program showing the computer language instructions comprising the program, in which the program logic may be deduced by a human being, and from which a printed listing can be made by processing it with a computer.
(b) "Licensed Program" means this program and source code, including any enhancements by LIVING STONES, if any.
(c) "Use" means copying any portion of the Licensed Program into a computer and/or transmitting it to a computer for processing of the statements contained in the Licensed Program.
(d) "License" means the non-exclusive right of Licensee to use, reproduce, modify, and distribute the Licensed Program and/or Derivative Work and subject to the provisions of this Software License Agreement.
(e) "Derivative Work" means a revision, modification, translation, abridgement, condensation, or expansion of the Licensed Program, or any other form in which the Licensed Program may be recast, transferred, or adapted, which if prepared without the consent of LIVING STONES would constitute a copyright infringement.
2. Ownership of Licensed Program. Licensee acknowledges and agrees that title to and all rights of ownership in the Licensed Program and any Derivative Work are and remain with LIVING STONES. Licensee further agrees that it will not sell, lease, or hypothecate the Licensed Program or any Derivative Work.
3. Grant of License. LIVING STONES grants to Licensee a non-exclusive world-wide license to:
(a) use the Licensed Program and any Derivative Work for the purposes set forth above;
(b) copy and distribute verbatim copies of the Licensed Programís source code, provided that this License accompany any copies along with the Licensed Programís copyright notice;
(c) create a Derivative Work of the Licensed Program, and distribute such Derivative Work subject to 3(b) above, provided that such Derivative Work shall also (i) be subject to this License; and (ii) include a statement that the original Licensed Program has been altered; and (iii) cause any Derivative Work distributed or published to be licensed according to this License as a whole and at no charge to all recipients or third parties;
(d) copy and distribute the Licensed Program or any Derivative Work in executable form subject to Sections 3(b) and (c) above.
4. Revocation of License. LIVING STONES hereby reserves the right to revoke the license granted herein for any reason in its sole discretion.
5. Prohibitions of Licensee. Licensee shall not use the Licensed Program or any Derivative Work in a manner inconsistent with the purposes set forth in this License (specifically the purpose of glorifying God by making the power of modern communications technologies available to churches and ministries who adhere to and promote Godís Word, The Holy Bible.) Licensee shall also not use, copy, modify, or distribute the Licensed Program except as expressly provided by this License. Further, Licensee shall not re-license or sub-license the Licensed Program or any Derivative Work. In no event shall Licensee sell or charge for the License granted under Section 3 above.
Any attempt otherwise to use, copy, modify, distribute, or sub-license the Licensed Program is VOID and automatically terminates the rights given under this License. Any recipient (not the original Licensee) of the Licensed Program or a Derivative Work shall be deemed to have received this License from the original Licensee. No additional restrictions or prohibitions may be added to the License.
6. Warranties. LICENSEE AND ANY RECIPIENT TAKE THE LICENSED PROGRAM (AND ANY DERIVATIVE WORK) "AS IS" AND ALL WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND REPRESENTATIONS EXPRESSED OR IMPLIED BY STATUTE, COMMON LAW, OR OTHERWISE ARE EXCLUDED.
7. Limitation of Liability. In no event shall LIVING STONES be liable for any loss of profits, loss of business, loss of use or of data, interruption of business, or for indirect, special, incidental or consequential damage or injury, direct or indirect, of any kind, whether under this License or otherwise. In no case will LIVING STONES be liable for any representation or warranty made to any third party by Licensee, any agent for Licensee, or any distributor or dealer or other person or entity.
8. Miscellaneous Provisions.
(a) In the event that any one or more of the provisions of this License shall be found to be illegal or unenforceable, then notwithstanding same, this License shall remain in full force and effect, and such term or provision shall be deemed severed.
(b) This is a License Agreement. No agency, partnership, joint venture, or other joint relationship is created by it and neither Licensee nor Licensee's agents have any authority of any kind to bind LIVING STONES in any respect whatever.
(c) All disputes arising out of this agreement shall be settled by binding arbitration before a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration will be conducted in Overland Park, Kansas, and the decision of the Arbitrator will be final, and may be reduced to judgment in any court of competent jurisdiction. Each party shall bear its own costs and expenses in connection with an arbitration proceeding.
(d) This License shall be interpreted and governed by the substantive law of Oklahoma.